Journal of the Alabama constitutional convention, 1875

JOURNAL

OF THE

CONSTITUTIONAL CONVENTION

OF THE

STATE OF ALABAMA,

ASSEMBLED XN THE

CITY OP MONTGOMERY,

September Oth f 1875.

MONTGOMERY, ALA.:

W. W. 80EEW8, STATE PRINTER.

1876.

JOURNAL

Hall of the House of Representatives, \
Montgomery, Ala., September 6,1875. f

This being tbe day fixed by law for the assembling of the
Constitutional Convention, under the provisions of an Act
entitled “An Act to provide for the calling of a Convention
to revise and remodel the Constitution of this State,” approved
March 19, 1875, the Delegates elected thereto assembled in
the Hall of the House of Representatives, in the State Capitol.

At the hour of 12, m., the Convention was called to order
by Mr. Garrett, delegate from Coosa, on whose motion, Hon.
F. W. Sykes, delegate from the 2d Senatorial District, was
made temporary Chairman, and Mr. C. D. Whitman, tempo¬
rary Secretary.

On motion of Mr. Little, Patrick Doran was made temporary
Doorkeeper.

The following delegates then came forward, filed their cer¬
tificates, and enrolled their names :

DISTRICT DELEGATES.

District 1—E. A. O’Neal, District 17—James L. Pugh,

2— F. W. Sykes, --*

3— Thos. B. NeSmith,

4— L. P. Walker,

5— J. E. Brown,

6— James Aiken,

7— W. S. Mudd,

8— A. A. Sterrett,

9— E. A. Powell,

10— John T. Heflin,

11— C. B. Taylor,

12— John B. Kelly,

13— W. J. Samford,

14— C. A. Battle,

15— F. A. Nisbett,

16— R. H. Powell,

. B. Booth,

19—S. F. Rice,

21—John F. Burns,
1 22— A. H. Curtis.

%=rTTFo§?^

24— E. D. Willett,

25— Jonathan Bliss,

26— F. S. Lyon,

27— S. T. Prince,

28— C. C. Langdon,

29— R. C. Torrey,

30— Geo. S. Gullett,

31— John Gamble,

32— J. C. Robinson,

33— W. C. Oates.

4

COUNTY

Autauga—H. J. Livingston,
Baldwin—Henry C. Lea,
Barbour—John A. Foster,
Bibb—E. H. Moren,

Blount—S. C. Algood,
Bullock—G. W. Delbridge,
Butler — S. J. Bolling,
Calhoun—W. M. Hames,
Chilton—William A. Smith,
Chambers—E. G. Richards,
Cherokee—J. N. Swan.
Choctaw—William Greene,
Clarke—Samuel Forwood,
Clav—J. H. White,

Cleburne—T. J. Burton,
Coffee—J. E. P. Flournoy,
Colbert—John D. Bather,
Conecuh—John Greene, sr.,
Coosa—William Garrett,
Covington—John B. Hudson
Crenshaw—I. H. Parks,

Dale—P. M. Callaway,
Dallas—Sumter Lea,
DeKalb—rDavid Nowlin,
Elmore—W. C. Bulges, jr.,
Escambia—W. J. O’Bannon,
Etowah—Dr. J. P. Ralls,
Fayette—Wm. A. Musgrove,
Franklin—William Burgess,
Geneva—H. W. Laird,
Greene—Wiley Coleman,
Henry—A. C. Gordon,

DELEGATES.

Jackson—John H. Norwood,
Jefferson—Alburto Martin,
Lauderdale—R. 0. Pickett,
Lawrence—Charles Gibson,
Lee—George P. Harrison,
Limestone—R. A. McClellan,
Lowndes-^H. A. Carson, \

M aeon—B. T7 Johnston,
Madison—W. M. Lowe,
Marengo—Henry A. Woolf,
Marion—M. T. Akers,

Marshall—Montg’iy Gilbreath,
Mobile—Leroy Brewer, T. H.

Herndon,

Monroe—John S. Dickinson,
Montgomery—Robt. H. Knox,
Morgan—J. W. Jones,

. Perry^-Greene S, W. Lewis,
Pickens—Lewis M. Stone,

, Pike—Joel D. Murphree,
Randolph—B. F. Weathers,
Russell—S. S. Scott,

Sanford—M. L. Davis,
Shelby—R. W. Cobb,

St. Clair—J. W. Inzer,

Sumter—W. G. Little, jr.,
Talladega—A. W. Plowman,
Tallapoosa—Jas. A. Meadows,
Tuscaloosa—A. C. Hargrove,

Walker—John Manasco,_

Washington—Robert A, Long,
Winston—Andrew J. Ingle.

The oath of office was then administered to the delegates
present by the Hon. W. S. Mudd, one of the Circuit Judges
of this State.

The Convention then proceeded to the election of a perma¬
nent President.

ELECTION OF PRESIDENT OF THE CONVENTION.

Mr. Powell, of Tuscaloosa, nominated Leroy Pope Walker.
Mr. Moren moved that Mr. Walker be elected by acclama¬
tion, which motion was unanimously carried.

On motion of Mr. Stone, a committee, consisting of Messrs.
Stone, Moren and Oates, was appointed to wait upon the

5

President, notify him of his election, and conduct him to
the Chair.

The Committee having discharged that duty, the President
then said:

Gentlemen of the Convention:

I beg you to accept my sincere thanks for the distinguished
honor you have conferred in electing me to preside over your
deliberations. Its duties I shall endeavor to discharge with
fairness and impartiality, and with such ability as I may
command.

In well ordered governments Constitutional Conventions
should be, as indeed they are, of rare occurrence, as changes
in the fundamental law ought only to be made when demanded
by the progress and needs of civilization. Hasten slowly and
change gradually, is the highest wisdom of government. The
Constitution framed by our fathers in 1819, was made for a
new State, and under it our people prospered and grew into
a great commonwealth. The war came and the sacred edifice
builded with such care amid the primeval forests of the Mis¬
sissippi territory was dismantled and razed to the ground by
alien hands in a spirit of ruthless iconoclasm. What is called
the present Constitution of the State of Alabama, is a piece
of unseemly mosaic, composed of shreds and patches gathered
here and there, incongruous in design, inharmonious in action,
discriminating and oppressive in the burthens it imposes,
reckless in the license it confers on unjust and wicked legisla¬
tion, and utterly lacking in every element to inspire popular
confidence and the reverence and affection of the people. •

We have met to-day, not indeed to reclaim the scattered
fragments and rebuild the old temple, but to construct a Con¬
stitution not wholly unworthy, we trust, to succeed it.

The truest statesmanship is that which so generalizes prin¬
ciples as to give them flexible adaptability to the purposes
and needs of civilization. Let us endeavor to give to our
proceedings this characteristic of wisdom.

Let the organic law we are to frame be comprehensive,
consistent, enlightened and non-partisan; alike just to all
classes, protective of all interests, and equal in its burthens
as in its benefits.

The events of the last decade have eliminated from our in¬
stitutions the only element of sectional controversy. Let us
recognize this fact with a broad significance, and incorporate
into the Constitution the National spirit and the National law
of the perfect political and civil equality of all men, of what¬
ever race, color, or previous condition.

Republican institutions rest upon the common intelligence

6

of the people ; therefore, one of the high duties of Republican
Government is the education of the masses—for there can be
no progress without education as there is no civilization with¬
out intelligence.

An eminent statesman has said, “ the power to tax is the
power to destroy.” Governments should provide against
possibilities, as possibilities often become facts. Limit, there¬
fore, the legislative power of taxation; and yet so impose this
limitation as to shield from suspicion the honor and credit of
the State.

The spirit of the age is licentious and extravagant. The
old economies have become disreputable by disuetude. Indi¬
vidual characteristics have been made the habits of Govern¬
ment, and government has degenerated into a mere instru¬
mentality for the advancement of personal ambitions, and the
promotion of personal aims in ways that would have shocked
t he primitive simplicity of the men who conceived and illus¬
trated in their lives the great problem of free Government on
this continent. As far as may be, in due deference to circum¬
stances, let us limit the duties of government to the ends of
government, which may be summed up in the general phrase,
“ The full protection of the rights of person and of property.”

The simplest gover nment is the best. The complications
of a multiform machinery, however suitable to the develop¬
ment of the special sciences, only aggravate the burthens,
which more or less attend every form of civil administration.
Abstract from the fundamental law every useless instrumental¬
ity, so as to have as few intermediaries as possible between
the Government and the people. We thus secure both re¬
sponsibility and economy; and the harmony of protection and
dependence, which is the great law of order, is placed beyond
the hazards of fluctuations or disturbance.

Abstinence is a cardinal virtue, and should be as potent in
the law of States as in the conduct of individuals. Govern
as little as possible, and only by general laws, is the rule of
wisdom sanctioned by experience. Discriminations, whether
protective or punitive, are always invidious and therefore al¬
ways unjust.

The growth of corporations is one of the marvels of the age
in which we live. Their power, like that of King George,
“ has increased, is increasing, and ought to be diminished.”
Great as they are, they are simply the representatives of indi¬
vidual interests, and are never organized except to promote
personal ends. The dignity of government is always compro¬
mised when its credit is surrendered and its honor committed
to other custodians than its own agents and servants. Con-

7

stitutional prohibitions should protect the State against the
contingencies of legislative departure from this principle.

Special limitations should be placed upon counties, towns
and other civil municipalities; and they should be restrained
from lending their credit to ventures of private speculation,
however plausible in theory and possibly profitable in results.

Local legislation, though sometimes seemingly exigent,
should be absolutely forbidden. Its enactments are insidious,
its excuses specious, and its aims often illegitimate and some¬
times demoralizing and corrupt.

The liberties of the people can only be preserved through
an incorruptible judiciary. It is the interpretation of the law
by the courts, even more than the law itself, that gives to leg¬
islation its character for wisdom or folly. Independence m
action, except to just public criticism, should be secured to
the judges who administer the laws by extended terms; thus
removing them, as far as possible, from sudden explosions of
popular clamor on the one hand, and the temptations to seek
popular favor by unworthy means on the other.

Gentlemen of the Convention, it is neither my province nor
my purpose to do more than suggest some general principles
for your consideration—leaving their value to be determined
b y yo ur higher and better judgment.

With a salubrious climate, a generous and productive soil,
mineral wealth in boundless profusion, and water power of
vast capabilities, our State lacks nothing to make it great ex¬
cept good government—honest and economical, just and fair,
frugal in the bestowal of power, rigid in the exactions of duty,
and temperate, conservative and rational in all of its provisions.
This great trust is confided to us. That our deliberations to
this end may be harmonious, our labors successful, and the
final consummation all that our people could wish, is the hope
with which I accept the onerous ana responsible position you
have assigned to me. Again thanking you for the distin¬
guished honor, I am now ready to take tne oath of office.

On motion of Mr. Garrett, the oath of office was adminis¬
tered to the President of the Convention, by Hon. F. S. Lyon.

Mr. Oates offered a resolution adopting rules of House of
Representatives for government of this Convention. Lost.

Mr. "White, a resolution for selecting seats with a reference
as far as possible to Congressional districts. Lost.

Mr. Foster, of Barbour, a resolution that a committee of
seven be appointed to draft rules for the government of the
Convention. Lost.

On motion of Mr. Langdon, the Convention adjourned until
10 o’clock to-morrow.

8

SECOND DAY.

Tuesday, September 7,1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Ralls, of the Convention.

Mr. President announced the first business in order to be
the election of a Secretary, Assistant Secretary and Door¬
keeper.

Mr. Foster, of Barbour, nominated B. H. Screws for Secre¬
tary.

On motion of Mr. Martin, Mr. Screws was elected by accla¬
mation.

Mr. O’Neal nominated Thomas H. Watts, jr., for Assistant
Secretary, who, on motion of Mr. Battle, was elected by ac¬
clamation.

Mr. Murphree nominated Pat Doran for Door-keeper, who,
on motion of Mr. Richards, was elected by acclamation.

Mr. Oates moved that the President be authorized to ap¬
point two pages.

Mr. Rice moved to lay the motion on the table, which mo¬
tion was lost.

Mr. Oates’ motion was then carried.

Yeas 76, nays 13.

Those who voted yea, are—

Messrs. President, Aiken, Akers, Allgood, Battle, BlissjBoll-
ing, Brewer, Brown, Burgess, Burton, Calloway, Cobb, Cole¬
man, Dickinson, Flournoy, Forwood, Foster of Barbour,para¬
ble, Garrett, Gibson, Gilbreath, Gordon, Green of Choctaw,
Gullett, Hames, Hargrove, Harrison, Herndon, Hudson,Inzer,
Johnston of Macon, Jones, Kelly, Langdon, Laird, Lea of
Baldwin, Lea of Dallas, Lewis, Little, Long, Lowe, Lyon,
Manasco, Martin, McClellan, Meadows, Moren, Muiphree,
Musgrove, NeSmith, Nisbett, Norwood, Nowlen, Oates, O’Ban-
non, O’Neal, Parks, Pickett, Powell of Bullock, Powell of Tus¬
caloosa, Prince, Pugh, Ralls, Robinson, Samford, Scott, Ster-
rett, Stone, Swan, Sykes, Torrey, Weathers, White, Willett
and Woolf—76.

Those who voted nay, are:

Messrs. Booth, Bulger, Carson, Curtis, Delbridge, Foster of
Hale, Heflin, Knox, Livingston, Plowman, Rice, Richards,
Smith and Taylor—13.

Mr. Langdon offered the following resolution :

Resolved , That in order to expedite the business of this
Convention, the President be authorized to appoint eleven
Standing Committees of thirteen members each, to consider
certain sections respectively of the present Constitution, and

9

to report upon the same, with such recommendations for
amendment and revision as may be deemed necessary and
proper, to-wit:

1. A Committee on the Bill of Bights.

2. A Committee on the Legislative Department.

3. A Committee on the Executive Department.

4. A Committee on the Judicial Department.

5. A Committee on Education.

6. A Committee on Finance and Taxation.

7. A Committee on Election and Basis of Bepresentatives.

8. A Committee on Corporations.

9. A Committee on Exemptions.

10. A Committee on Amendments to the Constitution, and

miscellaneous provisions!

11. A Committee on the Order, Consistency and Harmony

of the Whole Constitution.

Mr. Lyon offered the following as a substitute:

Resolved, That a committee be appointed by the President,
to consist of nine members, to take into consideration the ex¬
isting Constitution of the State, with a view to the amendment
of the same, and that said committee report at an early day,
for the action of the Convention, such amendments of the
same as they would recommend to be made, or that they re¬
port a new Constitution to be acted on and adopted by the
Convention, in the place and stead of the one now in force, as
they may deem best.

Resolved further, That in the meantime all petitions, reso¬
lutions or propositions relative to changes, alterations, or
amendments of the Constitution, be referred to the same com¬
mittee.

Resolved further, That the committee have leave to sit dur¬
ing the sessions of the Convention, and to employ a clerk if
necessary.

Mr. Lea of Dallas, offered an amendment that as soon as
the committee of nine reports, their work be then referred to
sub-committees; which amendment Mr. Lyon accepted as an
amendment to his substitute.

Mr. O’Neal moved to table the substitute as amended;
which motion was carried.

Mr. McClellan offered the following substitute :

Resolved, That the Convention go at once into Committee
of the Whole, and take up for examination and discussion the
present Constitution, section by section, and adopt, reject,
revise, add to or tako from the same in such manuer as the
wisdom of the Convention may suggest, not inconsistent with

10

the Constitution of the United States or the enabling act un¬
der which the Convention was called.

Resolved, That if in the deliberations of the Convention, as
above stated, differences arise, the various suggestions and
motions submitted shall, after brief debate, be referred to the
appropriate committees for their action thereon.

Mr. Oates moved to lay both substitutes on the table ;
which motion was carried.

The original resolution, offered by Mr. Langdon, was then
adopted.

Mr. Manasco offered the following resolution :

Resolved, That a committee of seven be appointed by the
President, whose duty it shall be to take into consideration
the formation of a Constitution for the State of Alabama, to
be modeled upon the Constitution of 1819, with the exception
of the provisions relating to slavery, the elective franchise,
and the banking system, and to make such alterations and
improvements thereon as are suggested or demanded by the
changed condition of the people.

Resolved, That all resolutions relating to the formation of a
Constitution be referred to said committee.

Mr. Laird moved to lay the resolution on the table; which
motion was carried.

Mr. Scott, a resolution that all resolutions, petitions, etc.,
of whatever character, be referred to the appropriate com¬
mittee, without debate; which was lost.

Mr. Garrett offered the following resolution :

Resolved, That the rules governing the last House of Rep¬
resentatives be adopted for the government of this Conven¬
tion, until otherwise ordered, except Rule 22, for which the
following substitute is adopted: “ The previous question shall
be submitted in the following form, without debate, ‘ Shall
the main question be now put?’ and when decided in the
affirmative by a two-thirds vote, shall preclude all amend¬
ments and debateand except Rule 23, which shall be
amended by striking out 9, and inserting 13.

Mr. Sykes offered as an amendment the following, which
was accepted by Mr. Garrett:

Resolved, That a committee of three be appointed by the
President to draft rules for the government of this Conven¬
tion, and until such rules are reported and adopted, the rules
of the last House of Representatives shall be observed.

Mr. Knox moved to strike out “two-thirds,” and insert
“ four-fifths.”

On motion of Mr. Poster of Barbour, the amendment was
laid on the table.

11

The resolution, as amended, was adopted.

Mr. Lowe offered the following resolution, which was
adopted:

Resolved, That the President of this Convention appoint a
committee of five, to which any petition or communication
denying the right of any person to hold a seat in this Con¬
vention, shall be referred without debate.

On motion of Mr. Garrett, the resolution was laid on the
table.

Mr. Oates offered a proposition in relation to the State
University and Mechanical <fe Agricultural College.

Also, in relation to the militia.

Also, in relation to elections;

All of which were referred to the appropriate committees,
when raised.

Mr. Foster of Barbour, a resolution extending the courte¬
sies of the Convention to representatives of the Press.

Adopted.

Mr. Hargrove, a resolution requesting ministers of the city
and members of the Convention who are ministers, to open
the Convention with prayer. Adopted.

M. Rice, a petition of J. S. Simpson, of Lawrence county,
in reference to his contest for a seat in this Convention ; re¬
ferred to a committee of five.

Mr. Samford, a resolution that no articles nor sections of a
constitutional character, to be incorporated in the Constitu¬
tion, be introduced until the standing committees are ap¬
pointed ; which was adopted.

On motion of Mr. Little, the Convention adjourned until
10 o’clock to-morrow,

THIRD DAT.

Wednesday, September 8.

The Convention met pursuant to adjournment.

Prayer by Rev. Dr. Andrews, of this city.

Journal of yesterday was read and approved.

Mr. Powell of Tuscaloosa, offered a resolution authorizing
the President of the Convention to administer the oath of office
to Mr. Mudd of Jefferson, there being no Supreme or Circuit
Judge, or Chancellor present, which was adopted, and oath
was administered by the President accordingly.

Mr. Sykes moved to reconsider the vote by which Mr.
Lowe’s resolution relating to contested elections was adopted;
which motion was carried.

12

On motion of Mr. Sykes, the resolution was amended by
increasing the number of the committee to seven, and as
amended the resolution was then adopted.

Mr. Little, a resolution authorizing an additional committee
on the militia, which was adopted.

On motion of Mr. Stone, the vote by which Mr. Scott’s res¬
olution of yesterday was lost, was reconsidered, and the reso¬
lution adopted.

Mr. President announced the committee on rules, as fol¬
lows : Messrs. Sykes, Stone and Herndon.

Mr. President laid before the Convention a communication
from J. W. White, touching a verbatim stenographic report of
the proceedings, which, on motion of Mr. Garrett, was referred
to a select committee of five.

Mr. Moren moved to suspend the action of the resolution
adopted yesterday against receiving amendments, articles, etc.,
before appointment of committees; adopted.

Mr. Heflin, a resolution that the finance committee be in¬
structed to consider the propriety of a lighter poll tax than
the one required by the present constitution. Referred to
committee on finance.

Mr. Parks, a resolution that the General Assembly shall
not have the power of granting divorces from the bonds of
matrimony, or to declare married women free dealers, or to
relieve minors of the disabilities of non-age, or to incorporate
towns and churches; but the General Assembly shall enact
laws providing for the granting of such relief by the proper
courts of the State. Referred to committee on legislative de¬
partment.

Mr. Richards, a resolution instructing the finance commit¬
tee to consider the propriety of limiting the State tax to three-
fourths of one per cent. Referred to committee on finance
and taxation.

Mr. Laird, a proposition and resolution that the General
Assembly shall have power to make general laws for the State,
but shall not have the power to make local or special laws.
Referred to committee on legislative department.

Mr. Davis, to provide desks for delegates having seats in¬
side the bar. Adopted.

Mr. Samford, an article on taxation in this State. Referred
to committee on finance and taxation.

Mr. Martin, a proposition to amend Article 13, Section 1, of
the present Constitution. Referred to committee on corpora¬
tions.

Also, a substitute for Article 13, Section 3, as it now ap¬
pears.

13

Also, a substitute for Article 13, Section 4, as it now ap¬
pears.

Also, an amendment to Article 13, Section 16 ;

All of which were referred to committee on corporations.

Also, a proposition restricting the power of the General
Assembly in levying tax.

Also, a substitute for 1st Section, 9th Article, of the present
Constitution. Referred to committee on finance and taxa¬
tion.

Also, a proposition relating to the issuance of bonds and
loan of money by the General Assembly.

Also, a substitute for the 21st Section, 4th Article, of present
Constitution. Referred to committee on legislative depart¬
ment.

Mr. Laird, a proposition in relation to State aid to internal
improvements. Referred to committee on finance and taxa¬
tion.

Mr. Hudson, a proposition giving the General Assembly
power to pass laws on the subject of exemptions, and prohib¬
iting the Convention from passing laws exempting property
from legal process. Referred to committee on exemptions.

Mr. McClellan, a proposition relating to exemptions.

Mr. Little offered an amendment, which, with the proposi¬
tion, was referred to the committee on exemptions.

Mr. Oates, a proposition relating to and fixing exemptions.

Mr. Laird offered an amendment, which, with the proposi¬
tion, was referred to exemptions committee.

Mr. Oates, a proposition relating to the executive depart¬
ment of the State.

Mr. Lea of Dallas and Mr. Greene of Choctaw, offered
amendments. Proposition and amendments referred to com¬
mittee on executive department.

Mr. Oates, a proposition on legislative department.

Mr. Knox, an amendment in reference to the amount of per
diem of legislators.

Mr. Laird, an amendment referring to length of sessions.

Mr. Manasco, an amendment in relation to the passage of
bills concerning sale or prohibition of liquor;

All of which were referred to legislative department.

Mr. Greene of Choctaw, a resolution relating to the reduc¬
tion of the number of State senators. Referred to committee
on legislative department.

Mr. Bliss, a proposition relating to the protection of the
estates of married women. Referred to committee on exemp¬
tions.

Mr. Norwood, instructing exemption committee to enquire

14

into the propriety of exempting $2,000 of real estate to head
of every family, and $1,000 of personal property to every citi¬
zen of the State over 21 years of age.

Mr. Prince, a resolution not to change in any manner pre¬
sent exemptions.

Also, a resolution that the State shall never pay, assume or
become responsible for the debts or liabilities of, or in any
manner give, loan or extend its credit to or in aid of any pub¬
lic or other corporation, association or individual.

Also, a resolution that the county authorities shall never
assess taxes, the aggregate of which shall exceed 50 cents on
the $100 valuation, except for the payment of indebtedness
already existing at the adoption of this Constitution, unless
authorized by a vote of the people of the county;

All of which were referred to committee on exemptions.

Mr. Forwood, a resolution that the committee on exemp¬
tions will enquire into the expediency of making the exemp¬
tion law more explanatory, without a change of the substance,
deferred to committee on exemptions.

Mr. Oates, a proposition in relation to the judicial depart-
ment. Referred to committee on judicial department.

Mr. Foster of Barbour, a resolution that before a report is
made by a committee on any matter referred to it, suggestions
in writing may be referred and must be considered by the
committee as if read in the Convention. Lost.

Mr. Herndon, a proposition in relation to finance and tax¬
ation. Referred to committee on finance and taxation.

Also, a proposition in relation to legislation. Referred to
to committee on legislative department.

Mr. Stone, a proposition in relation to State aid;

Also, a proposition in relation to oath of senators and rep¬
resentatives. Referred to committee on legislative depart¬
ment

Mr. Burns, a proposition relating to legislative department
and judicial department; which were respectively referred.

Mr. Murphree, a resolution that no lottery shall be author¬
ized. Referred to committee on judicial department.

Mr. Brewer, a proposition in relation to liability of stock¬
holders in incorporated companies or associations. Referred
to committee on judicial department.

Mr. Harrison, a resolution that no tax shall be levied for
the benefit of any chartered company of the State, or for pay¬
ing the interest on any bonds issued by said chartered com¬
panies, or by counties, or by corporations for the above men¬
tioned purposes. Referred to committee on corporations,

15

Mr. Little, a proposition relating to special legislation. Re¬
ferred to committee on legislative department.

Mr. President announced the standing committees, as fol¬
lows :—

Bill of Rights. —Messrs. Stone, Scott, Ralls, Brown, Sam-
ford, Hargrove, Inzer, Prince, Lea of Dallas, Gibson, Rich¬
ards, Knox and 'CupfchT

Legislative Department. —Messrs. Lyon, Pickett, Cobb, Bliss,
Coleman, Little, Rather, Heflin, McClellan, Woolf, Rice,
Brewer and NeSmith.

Executive Department — Messrs. Herndon, Heflin, Martin,
Coleman, Torrey, Powell of Tuscaloosa, Willett, Harrison,
Gilbreath, Nisbett, Ratcliffe, Akers and Bulger.

Judicial Department. —Messrs. Oates, Cobb, Mudd, Woolf,
Pickett, Aiken, McClellan, Brown, Torrey, Bolling, Haines,
Gamble and Pugh.

Education. —Messrs. O’Neal, Foster of Barbour, Harrison,
Hargrove, White, Ralls, Swan, Nowlin, Jones, Weathers,
Powell of Bullock, Livingston and Qajcsoa.

Finance and Taxation. —Messrs. Sykes, Powell of Tusca¬
loosa, Brewer, Bliss, Inzer, Samford, Sterrett, Nisbett, Gor¬
don, Taylor, Forwood, Callaway and Gullett.

Elections and Basis of Representation. —Messrs. Mudd, Ra¬
ther, Hames, Murphree, NeSmith, Johnson of Macon, Mus-
grove, Green of Choctaw, Dickinson, Long, Smith, Gilbreath
and Foster of Hale.

Corporations. —Messrs. Langdon, Garrett, Rather, Moren,
Callaway, Parks, O’Bannon, Laird, Hudson, Green of Cone¬
cuh, Robinson, Burgess and Davis.

Exemptions. —Messrs. Lowe, Little, Woolf, Prince, Kelly,
Norwood, Manasco, Meadows, Gordon, Algood, Burns, McDuf¬
fie and Plowman.

Amendments to the Constitution and Miscellaneous Provisions.

Messrs. Moren, Martin, Battle, Richards, McClellan, Johnston
of Macon, Bolling, Kelly, Aiken, Brown, Flournoy, Foster of
Barbour, and

Militia. —Messrs. Battle, O’Neal, Harrison, Hargrove, Nor¬
wood, Manasco, Lea of Baldwin, Meadows, Burton, Booth,
Ingle, Johnston of Hale, and Delbridge.

Order, Consistency and Harmony of the Whole Constitution —
Messrs. Pugh, Mudd, Lyon, Langdon, Herndon, Stone, Lowe,
Oates, O’Neal, Moren, Sykes, Willett and Scott.

On motion of Mr. Foster of Hale, 100 copies of the stand¬
ing committees were ordered printed.

On motion of Mr. Moren, the Convention adjourned until
10 o’clock to-morrow.

16

FOUBTH DAY.

Thursday, September 10, 1875.

The Convention met pursuant to adjournment.

Prayer by Bev. Mr. Bails, of the Convention.

The journal of yesterday was read and approved.

Mr. Callaway offered a resofution instructing the commit¬
tees to enquire into the expediency of making the Constitution
of the State adopted in 1819, the basis of the new Constitu¬
tion to be framed by this Convention, with such alterations
and amendments as will best subserve the ends for which this
Convention was called.

Mr. Samford, a substitute that in accordance with the ena¬
bling act the Convention shall not make any ordinance, rule
or law not clearly of a constitutional nature, nor by its action
deprive any person of his office, or his right to said office as
now held by him under the Constitution and laws of this State,
nor place any property or educational qualification upon the
right to vote in this State, nor to do any act, but to frame and
recommend for adoption a Constitution amendatory and revi¬
sory of the Constitution now in force in this State.

Mr. Calloway, by leave, withdrew his resolution.

Mr. Samford then offered his substitute as an original res¬
olution.

Mr. Bichards, a substitute, that the Convention will adhere
as nearly as possible to the provisions of the enabling act un¬
der which it has been called, in the formation of a Constitution,
and will take the present Constitution as the basis of its ac¬
tion.

Mr. Little, an amendment to the substitute, by striking out
all after the word “resolved” and inserting the following:
That in our action in this Convention we will be governed by
and adhere to the act of the General Assembly calling this
Convention; which amendment was accepted by Mr. Bichards
in place of his substitute.

Mr. Langdon moved to lay the resolution and substitute on
the table, which motion was lost.

Yeas 24, nays 67.

Those who voted yea, are—

Messrs. Aiken, Akers, Bliss, Burns, Curtis, Dickinson, For-
wood, Garrett, Hargrove, Herndon, Langdon, Laird, Long,
Lowe, Mudd, Musgrove, NeSmith, Nisbett, Oates Pickett,
Powell of Tuscaloosa, Samford, Taylor and Torrey—24.

Those who voted nay, are—

Messrs. President, Algood, Battle, Bolling, Booth, Brewer,
Brown, Bulger, Burgess, Burton, Calloway, Cobb, Coleman,

17

Davis, Flournoy, Foster of Barbour, Foster of Hale, Gamble,
Gibson, Gilbreath, Gordon, Green of Choctaw, Green of Con¬
ecuh, Gullett, Hames, Harrison, Heflin, Hudson, Ingle, Inzer,
Jones, Kelly, Knox, Lea of Dallas, Lewis, Little, Livingston,
Lyon, Manasco, Martin, McClellan, Meadows, Moren, Mur-
phree, Norwood, Nowlin, O’Bannon, O’Neal, Parks, Plowman,
Powell of Bullock, Prince, Pugh, Italls, Bather, Bice, Bicli-
ards, Samford, Scott, Smith, Sterrett, Stone, Sykes, White,
Willett and Woolf—27.

Mr. Powell of Bullock, offered as an amendment to the
amendment the following: “And in framing a Constitution
for submission to the people, this Convention shall take the
present Constitution as the basis of its action.”

The amendment was lost. Yeas 27, nays 65.

Those who voted yea, are—

Messrs. Aiken, Bliss, Booth, Brown, Bulger, Burton, Carson,
Cobb, Curtis, Delbridge, Foster of Hale, Gibson, Gullett,
Heflin, Knox, Livingston, McClellan, NeSmith, O’Neal, Plow¬
man, Powell of Bullock, llice, Bichards, Smith, Stei*rett, Sykes
and White—27.

Those who voted nay, are—

Messrs. President, Akers, Allgood, Battle, Bolling, Brewer,
Burgess, Callaway, Coleman, Davis, Dickinson, Flournoy,
Forwood, Foster of Barbour, Gamble, Garrett, Gilbreath,
Gordon, Green of Choctaw, Green of Conecuh, Hames, Har¬
grove, Herndon, Hudson, Ingle, Inzer, Jones, Kelly, Langdon,
Laird, Lea of Dallas, Lewis, Little, Long, Lowe, Lyon, Man¬
asco, Martin, Meadows, Moren, Mudd, Murphree, Musgrove,
Nesbitt, Nowlen, Oates, O’Bannon, Parks, Pickett, Powell of
Tuscaloosa, Prince, Pugh, Balls, Bather, Bobinson, Samford,
Scott, Stone, Swan, Taylor, Torrey, Weathers, Willett and
Woolf—65.

Mr. Samford then, with leave, accepted Mr. Little’s substi¬
tute, and the resolution as thus amended was then adopted.

Mr. President announced the following committees:

On Contested Elections. —Messrs. Cobb, Samford, Hargrove,
Prince and Ingle.

On the communication of John H. White, stenographer—-
Messrs. Garrett, Herndon, Bice, Pickett and Pugh.

Mr. Martin. Propositions in the alternative to be submit¬
ted to the people apart from the Constitution, but to be voted
for at the election for the ratification of the Constitution on
the subject of exemptions. Beferred to committee on exemp¬
tions.

2

18

Mr. McClellan, a proposition in relation to exemptions.
Referred to committee on exemptions.

Mr. Foster of Barbour, a resolution providing for the ap¬
pointment of a committee of seven, to be called the “commit¬
tee on an address to the people,” which committee shall pre¬
pare and report to this body, after the completion of the woi’k
of revising and amending the Constitution, an address to be
issued by the Convention explanatory of the action thereof.
Adopted.

Mr. Battle, a proposition relating to militia organizations.
Referred to committee on militia.

Mr. Prince, a resolution reducing the judicial districts to
eight; abolishing county solicitors and substituting district
solicitors, but not to take effect until the expiration of present
terms; reducing chancery divisions to three, and that these
officers shall be elected, as at present, by the people. Re¬
ferred to committee on judicial department.

Mr. Swan, a resolution that the social status of the citizen
shall never be the subject of legislation. Referred to com¬
mittee on bill of rights.

Mr. Inzer, a resolution that the committee on corporations
be instructed to enquire into the propriety of empowering the
General Assembly to form new counties iu this State of not
less extent than five hundred square miles. Referred to com¬
mittee on corporations.

Mr. Jones, a resolution instructing the committee on legis¬
lative department to enquire into the expediency of so amend¬
ing section 32, article 4, of the present constitution, as to pro¬
hibit the legislature from endorsing the bonds or lending the
credit of the State to railroads, or other works of internal im¬
provement. Referred to committee on legislative depart¬
ment.

Mr. Kelley, a resolution that the House of Representatives
be composed of one member from each county, and that the
Senate be composed of twenty-five members, distributed in
proportion to population; provided, that no county shall be
divided in order to make a senatorial district. Referred to
committee on elections and basis of representation.

Also, a resolution fixing the per diem of senators and rep¬
resentatives at four dollars, and mileage at ten cents a mile
each way. Referred to committee on finance and taxation.

Mr Manasco, a resolution that the committee on exemp¬
tions be instructed to enquire into the expediency of adopting
an article re-establishing the exemption law as it stands in the
Code of Alabama, except the act approved February 19,1867.
Referred to committee on exemptions.

19

Mr. Foster of Barbour, a resolution that the committee on
legislative department be instructed to enquire as to what
clause, if any, shall be inserted in the constitution allowing
and requiring the legislature to regulate and graduate the
fees and perquisites of officers of courts in proportion to the
population of the several counties in the State. Referred to
committee on legislative department.

Also, a resolution that the committee on elections and basis
of representation be instructed to enquire into the expediency
of inserting into the constitution a clause making vacant the
office of any State, county or municipal officer, who refuses
on proper and legal demand by any person or authority enti¬
tled or authorized to receive the same, to pay over any money
which has gone into his hands or possession by virtue of his
office. Referred to committee on elections and basis of rep¬
resentation.

Also, a resolution looking to incorporating in the constitu¬
tion a clause forbidding any officer in any city, county or town,
to receive as fees or perquisites a salary of more than five
thousand dollars.

Also, to require each State, county and municipal officer to
file quarterly a statement of receipts for fees, salary and per¬
quisites.

Also, rendering vacant the office of any one violating the
provisions indicated above;

Referred to committee on legislative department.

Mr. Gibson, a proposition that all grants mado by the Uni¬
ted States^ including sixteenth section fund and other grants,
shall be faithfully performed by the payment of 8 per centum
annually on the amount of said grants to the townships there¬
unto entitled, and make it the duty of the legislature to make
such other appropriations out of the general taxes of the State
as the condition of the finance of the State may demand.
Referred to educational committee.

Mr. Flournoy, a resolution that the committee on elections
be required to consider the propriety of changing the day of
election, for all State and county officers, from the day now
fixed by law to the first Monday in August. Referred to com¬
mittee on elections.

Mr. Martin, a proposition in relation to impeachment and
removal from office. Referred to committee on legislative de¬
partment.

Mr. Sykes, a proposition making it the duty of the General
Assembly to pass sucli laws as may be necessary to prohibit
the intermarriage of white persons with persons of color to
the fourth generation, and subject persons contracting such

20

marriages to such penalties as may be deemed expedient.
Referred to committee on legislative department.

Also, a resolution tb at the constitution be so amended as
to fix the first Monday in August as the day for all general
elections, except elections for presidential electors and mem¬
bers of congress. Referred to committee on elections.

Mr. Willett, a proposition, as follows: The State of Ala¬
bama is a free and independent State, sovereign in her terri¬
torial limits, subject to the Constitution of the United States.
The preservation of the States and maintenance of their gov¬
ernments are necessary to a Union of co-equal States, and
were intended to co-exist with the Union, and any change or
amendment of the Constitution of the United States without
the consent of the State, obtained by the mode prescribed by
the Constitution of the United States, is an infringement on
the rights of local self-government belonging to the people of
this State. Referred to committee on bill of rights.

Also, a proposition fixing the number of senators at not ex¬
ceeding thirty-three, to be chosen for four years^ and that no
person who has not attained the age of thirty years, and who
is not a citizen of the United States, and who has not been a
qualified voter of this State for four years, and a resident of
his district for one year, shall be chosen as a senator. Re¬
ferred to legislative department.

Also, a proposition limiting the powers of the General As¬
sembly. Referred to committee on legislative department.

Also, a proposition that the General Assembly shall meet
biennially, on such day as may be prescribed by law, and shall
not remain in session longer than forty days, except by a vote
of three-fourths of each house. Referred to committee on
legislative department.

Mr. Jones, a resolution that the committee on the bill of
rights enquire into the expediency of inserting a separate
clause in that department of the new constitution declaring
the civil to be superior to the military power. Referred to
committee on bill of rights.

Mr. Powell of Bullock, a proposition in relation to educa¬
tion. Referred to committee on education.

Mr. Herndon, a proposition relating to exemptions.

Mr. Powell of Tuscaloosa, a proposition in relation to the
exemption of property from sale. Referred to committee on
exemptions.

Mr. Livingston, a proposition that stockholders in incorpor¬
ated companies for the development of the agricultural, man¬
ufacturing, mineral and mining interests of the State shall not
be held individually liable for any debt Contracted by such

21

companies for a greater sum than the amount of their unpaid
stock. Referred to committee on corporations.

Also, a proposition prohibiting the General Assembly from
authorizing any county, city, town or township or other polit¬
ical corporation or subdivision of the State to lend its credit.

Also, from legalizing the unauthorized acts of any officer,
or agent of the State, or of any county or municipality there¬
of. Referred to committee on legislative department.

Mr. Ralls, a resolution that the power of the courts to pun¬
ish for contempt, shall be limited by legislative acts. Re¬
ferred to committee on bill of rights

Also, a resolution that no citizen shall be denied the privi¬
lege of holding any public office or trust, because of his relig¬
ious sentiments. Referred to committee on bill of rights.

On motion of Mr. Little, the convention adjourned until
12 o’clock to-morrow.

FIFTH DAY.

Friday, September 10, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Dr. Tichenor.

The journal of yesterday was read and approved.

Mr. Sykes, from the select committee on rules, made a par¬
tial report, as follows:

The committee on rules have had the same under consider¬
ation, and instruct me to make the following partial report:

Not having had the time to frame an entire body of rules,
we have taken the rules of the House of Representatives of
1874-5, as the basis, and recommend their adoption, with the
changes indicated in this report. First. Strike out “ Speaker,”
and insert “President.” Second. That the 9th of said rules
be changed by adding thereto the following, namely, “ except
a chairman of a standing committee, when the subject under
consideration is the report of his committee.” Third. That
the 11th of said rules be changed by adding thereto the fol¬
lowing : “ but the yeas and nays shall not be called, unless at
the desire of one-sixth of the members present.” Fourth.
That the 26th of said rules shall be so changed as to read as
follows : “After the journal is read, the first half hour shall
be appropriated to the introduction of resolutions and propo¬
sitions looking to the amendment and revision of the consti¬
tution, unless such business is sooner disposed of.” The next
business shall be,, first, reports from standing committees;

22

second, reports from select committees, which may, also, be
made at any time during the session of the convention, unless
precluded by a privileged motion or order; third, orders of
the day, provided that orders set for a definite time shall be
taken up; fourth, unfinished and miscellaneous business.
The order of business above prescribed, shall be followed un¬
less suspended by a vote of two-thirds of the convention.
Fifth. That the 34th of said rules be changed by striking out
the word “bill,” and inserting the words “articles of the con¬
stitution.” Sixth. That the 37th of said rules be changed by
adding the following: “ but the committee of the whole may
adopt rules limiting the time of each speaker and the number
of speeches by any member on the same question.” Seventh.
That the 21st, 27th, 29th, 30th, 31st, 32d, 35th, 39th and 41st
rules be stricken out, as they are inappropriate to the conven¬
tion. Eighth. The 22d and 23d rules have already been
changed by the convention, which changes the committee re¬
commend be continued.

Mr. Bice moved to postpone the consideration of the report
until to-morrow; which motion was lost.

Mr. Biice, an amendment that free discussion shall not be
suppressed, denied or impaired by any vote of this convention
of less than four-fifths of the delegates voting.

Mr. Powell of Tuscaloosa, moved the previous question,
and the call was sustained.

The report of the committee was then concurred in.

Mr. Poster of Barbour, moved to reconsider the vote yes¬
terday adopting the resolution authorizing an address to the
people at the close of the convention; which motion was car¬
ried.

Mr. Foster moved to amend the resolution by making the
number of the committee five from the State at large and one
from each congressional district, which motion was adopted,
and the resolution as thus amended, was adopted.

Mr. Foster of Barbour, a resolution that the committee on
education be instructed to prepare and submit to the conven¬
tion for its action a memorial to congress asking that an ap¬
propriation, of not less than $300,000, be made by the General
Government to rebuild the buildings of the State University
and apparatus of the University, destroyed by fire by the
Federal troops, April 3, 1865; ruled out of order.

Mr. Garrett, a resolution that the committee on finance and
taxation be requested to enquire if the expenses of the assess¬
ment and collection of taxes cannot be lessened, and to this
end that they enquire whether it would not be more expedi¬
tious and economical for the assessments in each election pre-

23

cinct to be made by justices of the peace, or other persons
appointed by the Auditor.

Iiesolved, That said committee be requested to enquire into
the expediency of restricting the legislature from allowing any
exemptions of property held by tax payers, and whether such
restriction, with an efficient mode of assessing and collecting,
will not raise more revenue for the State than is now collected
upon a largely reduced per centum. Referred to committee
on finance and taxation.

Also, a resolution instructing the committee on the judici¬
ary department to enquire into the expediency and practica¬
bility of providing for but two chancellors, or restricting the
number to two, and holding the courts at convenient points
in districts to be arranged by the legislature, and the election
of judges of the supreme court, chancellors, circuit judges
and solicitors by the General Assembly. Referred to com¬
mittee on judiciary.

Mr. Oates, a. resolution instructing the committee on finance
and taxation to report constitutional provisions for the relief
of the State from financial embarrassments on account of in¬
dorsement of railroad bonds. Referred to committee on
finance and taxation.

Mr. Foster of Hale, a proposition to amend the constitution
in relation to education. Referred to committee on educa¬
tion.

Mr. Stone, from committee on bill of rights, reported a bill
of rights for the constitution of Alabama.

Mr. Knox, from same committee, made a minority report.

On motion of Mr. Pickett, the reports were laid on the ta¬
ble, and 100 copies of each ordered to be printed.

Mr. Battle, from the committee on militia, reported an arti¬
cle on militia for the constitution of the State.

Mr. Garrett moved that the report lie upon the table, and
that 100 copies be printed. Carried.

Mr. Garrett, from select committee on the communication
of John H. White, stenographer, reported adversely thereto,
which report was concurred in.

Mr. Garrett moved to take from the table the resolution
authorizing appointment of such assistants about the hall as
may be necessary. Carried.

Mr. Sykes moved to amend by striking out “ such assistants
as may be deemed necessary,” and inserting “one hall attend¬
ant;” which motion was carried, and thus amended the reso¬
lution was adopted.

Mr. Samford, a proposition relating to exemptions. Re¬
ferred to committee on exemptions.

24

Mr. Murphree, a proposition relating to the per diem and
mileage of the members of the legislature. Fixes per diem at
$4, and mileage at 10 cents. Referred to committee on legis¬
lative department.

Mr. White, a proposition in relation to education. Refer¬
red to committee on education.

Mr. Hargrove, a resolution instructing the committee on
the legislative department to inquire into the expediency of
declaring the office of senator or representative vacant when
the person elected to said office has removed from “the district
or county for which he was elected. Referred to committee
on legislative department.

On motion of Mr. Smith, the convention adjourned until
12 o’clock to-morrow.

SIXTH DAT.

Saturday, September 11,1875.

Convention met pursuant to adjournment.

Journal of yesterday was read and approved.

Mr. Hargrove, an ordinance declaring who are the lawful
tax collectors of the State, as follows:

Whereas, a contest is now going on in many of the counties
of this State between claimants to the office of tax collector;
and,

Whereas, there is great doubt as to who are the lawful tax
collectors; and.

Whereas, it is proper to relieve the respective judges of pro¬
bate of uncertainty as to who are entitled to the tax books of
their counties; and,

Whereas, a settlement of this question by judicial proceed¬
ings would necessarily greatly delay the collection of the pub¬
lic revenue, and might result in serious loss to the State and
many counties thereof; therefore—-

Section 1 . Be it ordained by the people of Alabama in Con¬
vention assembled. That the tax collectors who were elected at
the general election held for the election of State and county
officers in this State, on the third day of November, 1874, and
who have given bond and qualified as such, are hereby de¬
clared to be the lawful tax collectors of this State, and shall
have the right to collect all the taxes due for the year 1875.

Sec. 2. Be it further ordained, That all laws and parts of
laws which are in conflict with the provisions of the first sec¬
tion of this ordinance be and the same are hereby repealed.

25

The point of order being made by Mr. Heflin, that the ordi¬
nance was in violation of the rule adopted by the convention
for the government of the action of the convention in refer¬
ence' to the matters it would consider,

Mr. Pugh moved to suspend the' rule, which motion was
carried.

Mr. Inzer moved the adoption of the ordinance.

Mr. Lowe moved to lay the motion upon the table ; which
latter motion was lost.

Mr. Little, an amendment that the words “ or appointed,”
be inserted after the word “elected,” which amendment was
accepted.

Mr. Heflin moved to refer the ordinance to the committee
on the judiciary department, which motion was carried.

Mr. Mudd, from the committee on elections and basis of
representation, reported an article upon representation for the
constitution of the State of Alabama.

Mr. Mudd moved that the report be made the special order
for Tuesday next, at 12 o’clock.

Mr. Heflin moved to amend, by having 100 copies printed.

On motion of Mr. Cobb, the amendment was laid upon the
table.

The motion to postpone was then carried.

On motion of Mr. McClellan, the convention adjourned un¬
til 12 o’clock Monday.

SEVENTH DAT.

Monday, September 13,1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Dr. Andrews.

The journal of Saturday was read and approved.

Mr. Lyon moved that the convention adjourn until Wednes¬
day at 10-o’clock, in order to give the several committees an
opportunity to perfect the work now before them, which mo¬
tion was lost.

Mr. Meadows, a proposition to dispense with State and
county superintendents. Referred to the committee on edu¬
cation.

Mr. Swan, a proposition providing for biennial sessions of
the Geueral Assembly, and the sessions shall not be longer
than thirty days, except by a two-thirds vote of each house,
and for the time beyond thirty days the pay of the members

26

shall be one dollar per day. Referred to committee on legis¬
lative department.

Mr. Prince, a proposition providing that taxation shall bo
equal and uniform throughout the State, and that all property
shall be taxed in proportion to its value, which shall be ascer¬
tained in such manner as shall be prescribed by law. Re¬
ferred to committee on finance and taxation.

Mr. Samford, a proposition prohibiting discrimination in
charges or facilities for transportation by transportation com¬
panies and individuals, for or against either, by abatement,
drawback or otherwise, or in charges for through and local
freight.

Also, prohibiting the granting of free passes or tickets to
any member of the General Assembly or State officer, and
making the acceptance of such work a forfeiture of office.
Referred to committee on corporations.

Mr. Rather, a resolution that the committee on education
be instructed to enquire into the expediency of submitting to
the voters of this State for their ratification the 11th section
of the 11th article of the present constitution, separate and
apart from the other provisions which said committee may
prepare on the subject of education. Referred to the com¬
mittee on education.

Also, a proposition on suffrage and election. Referred to
committee on elections and basis of representation.

Mr. Harrison, a resolution that the General Assembly shall
not have power to authorize any officer or tribunal to collect
State or county taxes, either general or special, except the
duly qualified tax collectors. Referred to committee on
finance and taxation.

Mr. O’Bannon, a resolution upon the qualification of voters.
Referred to committee on elections.

Mr. Laird, a resolution that county boundaries shall be ar¬
ranged and designated by a two-thirds vote of the General
Assembly, which may be altered by a like vote ; but no new
county shall be of less extent than five hundred square miles,
nor shall any new county be abolished or reduced to less ex¬
tent than five hundred square miles, nor shall any new county
be formed which does not contain a sufficient number of in¬
habitants to entitle it to one representative, provided that
each existing county shall be entitled to at least one represen¬
tative. Referred to committee on elections.

Mr. Murphree, a resolution that no new county shall be es¬
tablished by the General Assembly of less extent than six
hundred square miles, and no existing county shall be reduced
to a less extent than six hundred square miles, nor shall the

27

dividing line of a county be less than ten miles from the
county site, nor shall a new county be established which does
not contain sufficient population to entitle it to one represent¬
ative, leaving the counties from which it is taken also entitled
to separate representation.

Pending the consideration of the same, the time allotted
under the rules to the consideration of resolutions, <fcc., amend¬
ing and revising the constitution expired, whereupon,

Mr. Sykes moved that the rule be suspended for the pur¬
pose of continuing the same business; which motion was car¬
ried.

Mr. Murphree’s resolution was then referred to the commit¬
tee on corporations.

Mr. Gordon, a resolution that the committee on exemptions
be instructed to enquire into the expediency of so amending
the exemption law of this State that it may be equal between
the citizens thereof who reside in the country and those who
reside in the towns and cities, and report upon the same; re¬
ferred to committee on exemptions.

Also, a resolution that the appropriate committee be in¬
structed to enquire into and report upon the expediency of
reducing the constitutional size of the counties of this State
to five hundred square miles. Referred to committee on leg¬
islative department.

Mr. Sykes, a resolution that the article on exempted prop¬
erty to be submitted to the people be left blank, and that
two propositions on exempted property be submitted separ¬
ately :

1. The same as under the present constitution.

2. Five hundred dollars’ worth of property belonging to
every citizen of this State, to be selected by the owner thereof,
shall be exempt from levy and sale on execution or other final
process.

That the proposition receiving the largest number of votes
shall be inserted in the constitution and become part thereof.
Referred to committee on exemptions.

Mr. Prince, a resolution that the census of this State shall
not be taken the present year, nor until the year 1835, and
every ten years thereafter. Referred to committee on elec¬
tions.

Mr. Jones, a proposition that the General Assembly, by a
two-tliirds vote of both houses, may arrange and designate
boundaries for the several counties, which shall not be altered
except by a like vote. But no new county shall be formed of
less extent than six hundred square miles, nor shall any exist¬
ing county be reduced to less extent, and no new county shall

28

be formed which does not contain sufficient inhabitants to en¬
title it to one representative, or unless the county or counties
from which it is taken shall be left with the required number
of inhabitants entitling such county or counties to separate
representation. Referred to committee on legislative depart¬
ment.

Mr. Livingston, a proposition, thht the property, real and
personal, of the State, counties, religious denominations, cem¬
eteries and organizations strictly for charitable purposes,
shall be exempt from taxation. Referred to committee on ex¬
emptions.

Mr. Booth, a proposition, that the committee on the legis¬
lative department be instructed to enquire into the propriety
of providing in the constitution now to be framed that the
Seat of Government of this State can only be removed by a
direct vote of the people of the State, taken in accordance
with law, on the question of removal. Referred to committee
on legislative department.

Mr. Parks, a proposition, that the committee on the judi¬
cial department be instructed to enquire into the expediency
of fixing the salary of the Attorney General at one thousand
dollars, and of making the person who is elected or appointed
to said office, also hold the office of Solicitor for the second
judicial circuit. Referred to committee on judicial department.

Mr. Powell of Bullock, a resolution that the committee on
exemptions be instructed to enquire into the expediency of
exempting from sale or execution, &c., property to the value
of three thousand dollars, whether real, personal or mixed,
at the option of the owner, and report accordingly. Referred
to committee on exemptions.

Mr. Robinson, a resolution, accompanied by a petition, that
the committee on education take into consideration the pro¬
priety of abolishing the Board of Education and all unneces¬
sary officers connected with the present system, and the re¬
duction of salaries of the offices not abolished. Also, the
propriety of incorporating into the organic law a school
system, and thereby prevent the frequent changes it would be
subject to if left to the General Assembly. Referred to com¬
mittee on education.

Mr. Aiken, a resolution that the salary of the Governor be
three thousand dollars; of the Secretary of State, fifteen
hundred dollars; of the Auditor, fifteen hundred dollars ; of
the Treasurer, fifteen hundred dollars; of the Superintendent
of Public Instruction, fifteen hundred dollars. Referred to
committee on executive department.

Mr. Norwood, a petition from numerous citizens of Jackson,

29

praying for the reduction of the area of the counties to four
or five hundred square miles. Referred to committee on elec¬
tions and basis of representation.

Mr. McClellan, a proposition that all railroad companies
shall pay reasonable value for all stock killed or injured, and
all property destroyed by their respective roads without fault
on the part of the owner or owners thereof, the Legislature to
provide at its first session for the proper enforcement of this
article. Referred to committee on corporations.

Mr. Lea of Dallas, a proposition that the General Assembly
shall consist of a House of Representatives composed of
seventv-five members, and a Senate composed of twenty-five
members. Referred to committee on elections and basis of
representation.

Mr. Knox, a proposition in relation to amending article six,
section eleven, of the present constitution, relating to the elec¬
tion of judges of the supreme, circuit, probate and other
courts, and chancellors. Referred to committee on judicial
department.

Mr. Norwood, a resolution that the committee on the ex-
ecutive department enquire into the propriety and expediency
of filling all vacancies in office, where said office is or may be
elective, by election, when the unexpired time is for more than
one year. Referred to committee on executive department.

Mr. Samford, a proposition that the General Assembly
shall meet biennially, the Senators in the Senate Chamber
and Representatives in the Representative Hall in the State
Capitol, on such day as may be by law prescribed, and shall
not remain in session longer than sixty days, and all laws or
enactments passed after sixty days shall be absolutely void:
Provided, incase of epidemic or urgent necessity, to be judged
of by the Governor, he may convene the General Assembly
at some other place by proclamation for twenty days preced¬
ing such assembling. Referred to committee on legislative
department.

Mr. Jones, a resolution that the committee on the legisla¬
tive department be instructed to enquire into the expediency
of incorporating into the organic law a mode which will better
secure the collection of the poll-tax. Referred to committee
on legislative department.

Mr. Green of Choctaw, a petition in behalf of corporations.
Referred to committee on corporations.

Mi. Oates, a resolution that the committee on the judicial
department be instructed to enquire into and report upon the
expediency of abolishing the county criminal courts of this
State. Referred to committee on judicial department:

30

Mr. Barns, a proposition that the property of principals
and sureties on bail bonds shall not be exempted from the
payment of forfeitures and fines. Referred to committee on
judicial department.

Mr. Forwood, a resolution that if it be expedient the coun¬
ties of Clarke and Monroe be formed into a Senatorial Dis¬
trict. Referred to committee on elections and basis of repre¬
sentation.

Mr. Booth, a proposition in relation to the mode of amend¬
ing the Constitution of the State. Referred to committee on
amendments and miscellaneous provisions.

Mr. Moren, a resolution that the committee on elections be
required to enquire into the expediency of changing the term
of the Governor’s office from two to four years. Referred to
committee on elections and basis of representation.

Mr. Hargrove, a resolution that the committee on the legis¬
lative department be instructed to enquire into and report on
the expediency of fixing the time of meeting of the General
Assembly on the third Monday in January. Referred to
committee on legislative department

Mr. Manasco, a resolution that there be the sum of two
thousand dollars worth of property, real, personal or mixed,
permanently exempt from Jail legal process, to the head of
each family, with the privilege of waiving the same. Referred
to committee on exemptions.

Mr. Rice, a resolution that no law shall be enforced which
in any manner or to any extent makes the right of any quali¬
fied voter dependent upon his having the actual possession of
any certificate, or other written or printed instrument, at the
time he may offer his vote. Referred to committee on elec¬
tions.

Mr. Hames, a resolution that the Governor shall have power
to veto any item or items of any bill making appropriations
of money, embracing distinct items, and the part or parts of
the bill approved shall be law, and the item or items of appro¬
priation vetoed shall be void, unless repassed according to the
rules and limitations prescribed for the passage of other bills
over the Executive veto. Referred to committee on executive
department.

Mr. Davis, a resolution that the committee on education be
instructed to enquire into the expediency of memoralizing the
Congress of the United States to make an additional appro¬
priation to each township in this State of one section of land
for the benefit of the public schools therein, and report to
this Convention by memorial or otherwise. Referred to com¬
mittee on education.

31

Mr. Aiken, a proposition to fix the salary and mileage of
the legislators, and to require biennial sessions. Referred to
committee on legislative department.

Mr. Harrison, a proposition that the General Assembly
shall have no power to grant, or authorize any county or mu¬
nicipal authority to grant any extra compensation, fee or
allowance to a public officer, agent, servant or contractor,
after service has been rendered or a contract has been entered
into and performed in whole or in part, nor pay nor authorize
the payment of any claim hereafter created against the State,
or any county or municipality of the State, under any agree¬
ment or contract made without express authority of law ; and
all such unauthorized agreements or contracts shall be null
and void. Referred to committee on legislative department.

Mr. Burton, a resolution that the committee on exemptions
enquire into the expediency of reporting the following clause
after the exemptions allowed:

“ Provided, That any person entitled to the above exemp¬
tions may waive his or her right to any part or all of said ex¬
emptions in any contract or obligation in writing for the pay¬
ment of money; and if the person entitled to said exemption
is a manied man, his wife shall sign said obligation or con¬
tract, provided said instrument shall be recorded as other in¬
struments or conveyances are required to be recorded. ” Re¬
ferred to committee on exemptions.

Mr. NeSmith, a proposition that the General Assembly
shall divide the State into a convenient number of judicial
circuits, having regard to the time required by law to hold all
the terms of the circuit courts of the counties composing each
circuit; and no circuit shall be formed requiring a less time
to hold all the terms of all the courts in such circuit than
thirty-five weeks in each year. Referred to committee on ju¬
dicial department.

Mr. Stone, a resolution that the committee on corporations
enquire into the expediency of reporting as a provision of the
revised constitution: The General Assembly may, by a two-
thirds vote of both houses thereof, arrange and designate
boundaries of the several counties of this State, which
boundaries shall not be altered except by a like vote. But no
new counties shall be hereafter formed of less extent than six
hundred square miles, and no existing county shall be reduced
to less extent than six hundred square miles; and no new
county shall be formed which does not contain a sufficient
number of inhabitants to entitle it to one representative under
the ratio at the time of its formation, or unless the county or
counties from which it is taken be left with the required num-

32

ber of inhabitants entitling such county or counties to separ¬
ate representation, but no part of a county shall bo taken off
to form a new county without the consent of a majority of
the voters of all the counties affected by the change proposed.
Beferred to committee on corporations.

Mr. Norwood, a resolution that the judiciary committee’s
attention be directed to the expediency of the abolition of the
chancery court system, and especially the rule for taking testi¬
mony in said court, and whether or not the jurisdiction of the
circuit court might not be extended so as to cover all cases in
equity as well as law. Bcferred to committee on judiciary
department.

Also, that the same committee enquire into the expediency
of abolishing the county court system ; to abolish the office
of comity solicitor; to confer the criminal power, now exer¬
cised by the county courts, to magistrates and notaries public;
to extend their jurisdiction to three hundred dollars. Ke-
ferred to committee on judicial department.

Mr. Powell of Bullock, a proposition that any citizen of
this State who shall, after the adoption of this Constitution,
in this State fight a duel with deadly weapons, or send or ac¬
cept a challenge so to do, or act as second, or knowingly aid
or assist in any manner those thus offending, shall be dis¬
qualified for holding any office under the State. Beferred to
committee on legislative department.

Mr. Knox, a resolution that the committee on the executive
department be instructed to enquire into the expediency of
fixing salaries as follows: Governor, $1,500; Attorney Gen¬
eral, $1,200; Secretary of State, $1,000; Auditor, $1,200;
State Treasurer, $1,200. Beferred to committee on executive
department.

Mr. Laird, a proposition that the Governor of this State
shall always reside, during the term for which he may have
been elected, at the capital of the State, or at such other
place as the sessions of the General Assembly may be held.
Beferred to committee on legislative department.

Mr. Samford, a proposition that the Executive of this State
shall never call upon the Executive of the United States for
military aid to interfere in the aff airs of this State. Beferred
to committee on executive department.

Mr. Davis, a proposition that in the organization of the
militia the whites and colored shall not be embraced in the
same organization. Beferred to committee on militia.

On motion of Mr. Little, the Convention adjourned until
12 o’clock to-morrow.

33

EIGHTH DAT.

Tuesday, September 14, 1875.

Convention met pursuant to adjournment.

Journal of yesterday was read and approved.

Prayer by Rev. Mr. Callaway of the Convention.

Mr. Booth, a resolution that the committee on exemptions
be requested to enquire into the propriety of providing in the
constitution now being framed that the wages of laborers and
employees shall be exempt from garnishment except on pub¬
lic dues. Referred to committee on exemptions.

Mr. Gibson, a resolution that no person in the State shall
ever be deprived by law from collecting all the principal, with
eight per cent, interest annually thereon, upon all debts due
him, or her, by any plea of usury.

Also, a resolution that the number of circuit judges shall
be reduced from twelve to eight, and their salary shall be
$2,500.

Also, that the number of chancellors be reduced from five
to. three, and be paid annually $2,500. Referred to committee
on judicial department.

Mr. Lea of Baldwin, a resolution that the committee on
finance and taxation be instructed to enquire whether or not
any constitutional provisions are necessary for the better
securing and collection of State and county taxes from rail¬
road and other corporations. Referred to committee on
finance and taxation.

Mr. Bulger, a proposition that the General Assembly shall
have no power to require any special license on any business,
profession or occupation. Referred to committee on legisla¬
tive department.

Mr. Burns, a proposition that the rate of annual taxation
for State and county shall not exceed one per centum, and no
property or assets of any individual or corporation, except
for benevolent and charitable associations, shall be exempt
from taxes.

The General Assembly shall not delegate to any city, town
or other incorporation, power to tax any property at a higher
rate than one-half of one per centum. Referred to committee
on finance and taxation.

Mr. Curtis, a proposition that the personal property of any
resident of this State to the value of one thousand dollars, to
be selected by such resident, shall be exempted from sale or
execution or other final process of any court, issued for the
collection of any debt contracted after the adoption of this
constitution. Referred to committee on exemptions.

3

34

,Mr. Murphree, a proposition that any person who, directly
or indirectly, bribes or offers to bribe a member of the Legis¬
lature or other public officer, shall be forever disqualified from
holding any office of honor, trust or profit, and may be other¬
wise punished as provided by law; and any person accepting
a bribe shall likewise be disqualified, and punishable by law.
Referred to committee on legislative department.

Mr. Johnson of Macon, a proposition—

1. Prohibiting the holding of offices of profit under the
United States and under the State at the same time.

2. Prohibiting lotteries. Referred to committee on amend¬
ments and miscellaneous provisions.

Mr. Akers, a resolution that the committee on finance and
taxation enquire into the expediency of limiting the poll-tax
to one dollar for State purposes, and that the counties have
the power to levy fifty cents for county purposes. Referred
to committee on finance and taxation.

Mr. Plowman, a proposition that the right of the people to
elect their officers shall remain inviolate. Referred to com¬
mittee on legislative department.

Mr. Lea of Baldwin, a resolution instructing the judicial
committee to enquire into the expediency of increasing sala¬
ries and terms of the office of the judiciary of the State. Re¬
ferred to committee on judiciary.

Mr. Harrison, a resolution instructing the committee on
amendments and miscellaneous provisions to enquire into the
expediency of providing for the classification and valuation of
all the lands in this State, with a view of equalizing taxation
and prohibiting the sale of any land for less than two-thirds
of such assessed value. Referred to committee on miscella¬
neous provisions.

Mr. Bolling, a resolution that the exemption of property
from legal process and homestead, be stricken from the con¬
stitution, and that the Legislature shall pass such an exemp¬
tion law as they may deem proper. Referred to committee
on exemptions.

Mr. Burns, a resolution that the General Assembly shall
have no power to enact any law having for its purpose the
raising of revenue, which requires a citizen of the State to
obtain a license granted by the State, authorizing such person
to engage in or to carry on any trade or profession, or useful
occupation; Provided, it shall have full power to pass statutes
authorizing the issue of licenses and regulations conducive to
the comfort, safety, decency and good ojder oi society. Re¬
ferred to committee on finance and taxation.

Mr. Powell of Bullock, a resolution instructing the commit-

35

tee on judicial department to enquire into the expediency of
incorporating in the constitution a provision that the General
Assembly shall fix the salaries of the executive department.
Referred to committee on judicial department.

Mr. Booth, a proposition that no person elected or appointed
to any office or employment of trust or profit under the laws
of this State, or any ordinance of any municipality in this
State, shall hold such office without personally devoting his
time to the performance of the duties to the same belonging;
that no person who is now or may hereafter become a col¬
lector or receiver of public money, or assistant collector of
such collector or receiver, shall be eligible to any office of
trust or profit in this State, under the laws thereof, or of any
municipality therein, until he shall have accounted for and
paid over all the public money for which he may be account¬
able. Referred to committee on legislative department.

Mr. Jones, a resolution that the committee on the legisla¬
tive department be instructed to enquire into the expediency
of fixing the poll tax at one dollar and fifty cents, and provide
for the efficient collection of the same. Referred to com¬
mittee on legislative department.

The chairmen of several committees reported back to the
Convention various propositions heretofore referred to their
committees, respectively, with recommendations that they be
referred to other committees; which suggestions were con¬
curred in.

Mr. Sykes, from the committee on finance and taxation,
submitted the following report and article, both of which
were, on motion of Mr. Oates, ordered to lie upon the table
and two hundred copies ordered to be printed.

The committee on finance and taxation, to which a large
number of resolutions looking to the financial condition of
the State, and suggesting such ordinances as should be con¬
tained in the constitution, have had the same under consider¬
ation, and have given due deliberation to each resolution;
have examined into the condition of the treasury, which they
find almost exhausted, and have looked into the financial con¬
dition of the State, which is absolutely appalling. They find
the total indebtedness of the State to be about $29,000,000,
and the total value of taxable property about $159,000,000.
That it would require nearly 20 per cent, of the entire taxa¬
ble property of the State to liquidate the debt. This would
indeed be appalling were it not for the hope of an adjustment,
held out to us by the commissioners appointed to adjust the
public debt, by which Alabama may be relieved from this

36

hea»vy burden which is crushing the energies of her people.
The direct debt we find to be:

Five per cent, bonds, embraced in Auditor’s report

of 1874.$3,295,600

Six per cent, bonds, embraced in Auditor’s report

of 1874. 770,500

Eight per cent, bonds, embraced in Auditor’s report

of 1874 . 2,212,700

Unpaid interest about. 850,000

Seven per cent, bonds issued, and to be issued, to
the South and North, Savannah and Memphis,
and Grand Trunk Railroad Companies, under
the act authorizing the substitution of straight

for endorsed bonds. 1,192,000

State obligations. 1,000,000

Short bonds sold by Governor Lindsay, including

unpaid interest, about. 170,000

Total.$9,490,800

The annual interest upon the indebtedness enumerated
above is $633,000.

We are informed by General L. W. Lawler and Col. T. B.
Bethea, the commissioners appointed to adjust the public
debt, to whom the committee is largely indebted for informa¬
tion, and who at all times have shown a willingness to aid us
in our investigation, that the bonds of the State, to which
Governor Lewis refers in his message of November, 1874, as
having been hypothecated with sundry parties, amounting to
$1,700,000, are still outstanding and unpaid.

All of them, except $650,000, in the hands of Josiah Morris
& Co., were deposited with the creditors of the State as col¬
lateral security, and we are informed that if they were to be
sold, at their market value, in no instance would the proceeds
extinguish the claims for which they are held as collateral
security.

Deducting the $650,000 held by Josiah Morris & Co., which
properly belongs to the State, there remains outstanding $1,-
050,000 of the $1,700,000, being part of the issue of 1872
and 1873.

There is a large floating debt, so called, the extent and
validity of which is undergoing investigation. One item is
$524,000, alleged to be due the school fund for unpaid bal¬
ances, prior to the present year./ Another item is about
$600,000, claimed by the South aud North Alabama Railroad
Company, under an act appropriating the three per cent, fund

37

prior to the war. And we are informed by the commissioners
th^t there are many other claims which have been presented
against the State, making the total floating debt, if allowed,
fully $1,600,000, and swelling the direct debt of the State, in¬
cluding the trust fund, to nearly $15,000,000.

The contingent liability of the State, on account of bonds
loaned to and endorsed for railroad companies, yet amounts
to more than $14,000,000, making the grand total of indebted¬
ness, direct and contingent, fully $29,000,000, the annual in¬
terest upon which, including interest upon the trust fund as
now provided by law, is not less than $1,900,000.

It is only necessary to present this statement of formidable
indebtedness to convince the creditors of the State that full
payment is impossible, and that the State can never resume
the payment of interest until the debt is adjusted and reduced,
so as to correspond with our diminished resources. But in
the face of this dark feature it affords us pleasure to state
that the commissioners are sanguine of their ability to reduce
the entire indebtedness of the State, exclusive of the educa¬
tional and trust funds, to a sum not exceeding $10,000,000,
the interest on which will not exceed $420,000 per annum.

In view of these facts, your committee have been stimulated
to extraordinary exertions in trying to so shape the financial
article in the constitution, as to meet the ends which we have
been induced to believe can be accomplished.

We recommend economy in each branch of the Govern¬
ment.

We recommend property to be taxed in proportion to its
value.

We recommend a prohibition of the State from engaging
in works of internal improvement, or the loaning of its credit
for that purpose.

We recommend that no debt shall be incurred by the State,
except to suppress insurrection, rebellion or invasion.

We recommend a reduction of 25 per cent, on all salaries,
and a reduction of pay and mileage of members of Legisla¬
ture, from six to four dollars per day, and from forty to ten
cents per mile.

We recommend that the legislature shall not, in any one
year, levy more than three-fourths of one per cent tax upon
the property of the people for State purposes.

We believe, with these economical views fully carried out,
and the contemplated compromise consummated, with this
rate of taxation fixed at three-fourth of one per centum as a
maximum, that our State will once more gain her deserved
prosperity; that capital, seeing that our debt is reduced and

38

our taxing power limited, will seek investment in our cheap
lands, and population, always following capital, will fill 'up
our waste places; that our property will enhance in value and
a rapid reduction of the rate of taxation may be had, with yet
sufficient revenue to meet an economical administration and
pay interest on the public debt.

Your committee, therefore, submit the following article, and
recommend its passage.

F. W. Sykes, Chairman.
John W. Inzer,

Samuel Forwood,

George S. Gullett,

E. A. Powell,

Leroy Brewer,

A. G. Gordon,

A. A. Sterrett,

Frank A. Nisbet,

C. B. Taylor,

Jonathan Bliss,

P. M. Callaway,

W . J. Sameord,

Committee.

ARTICLE —.

TAXATION.

Sec. 1 . All taxes levied on property in this State shall be
assessed in exact proportion to the value of such property ,
Provided, The General Assembly may levy a poll tax, not to
exceed one dollar and fifty cents on each poll, which shall be
applied exclusively in aid of the public school fund in the
county so paying the same.

Sec. 2. No power to levy taxes shall be delegated to indi¬
viduals or private corporations.

Sec. 3. The State shall never engage in works of internal
improvement, nor lend its credit in aid of such; nor shall the
State be interested in, or lend money or its credit in aid of,
any individual, association or corporation, for any purpose
whatsoever.

Sec. 4. No county, or other municipal corporation of this
State, shall ever have the power, by any act of the General
Assembly or any other authority, to engage in or become a
stockholder in, or lend money or credit to any individual or
private corporation enterprise of any character whatsoever.

Sec. 5. After the adoption of this constitution, no debt shall
be created against or incurred by this State or its authority,

39

except to repel invasion or suppress insurrection, and then
only by a concurrence of two-thirds of the members of each
house of the General Assembly, and the vote shall be taken
by yeas and nays and entered on the journals; and any act
creating or incurring any debt against this State, except as
herein provided for, shall be absolutely void; Provided , The
Governor may be authorized to negotiate temporary loans,
never to exceed one hundred thousand dollars, to meet
deficiencies in the treasury, and until the same is paid no new
loan shall be negotiated.

Sec. 6. The General Assembly shall not have the power to
levy, in any one year, a greater rate of taxation than three-
fourths of one per cent, on the value of the property of this
State.

Sec. 7. No county in this State shall be authorized to levy
a larger rate of taxation, in any one year, on the value of the
property thereof, than one-half of one per centum; Provided ,
that to pay debts existing at the adoption of this constitution,
an additional rate of one-fourth of one per centum may be
levied and collected, which shall be exclusively appropriated
to the payment of such debts or the interest thereon.

Sec. 8. No city, town, or other municipal corporation other
than provided for in this article, shall levy or collect a larger
rate of taxation, in any one year, on the property thereof,
than one-half of one per cent, of the value of such property,
as assessed for State taxation during the preceding year;
Provided , for the payment of debts existing at the time of
adoption of this constitution and the interest thereon, an ad¬
ditional rate of one and one-half per cent, may be collected
to be applied exclusively to such indebtedness. And, Pro¬
vided, this section shall not apply to the city of Mobile, which

city may levy-to pay the expense of the city government

and-to pay the present indebtedness and interest thereon.

Sec. 9. The per diem of members of the General Assembly
of this State shall not exceed $4, and the mileage shall not
exceed 10 cents per mile going to and returning from the State
capitol.

Sec. 10. At the first session of the General Assembly after
the adoption of this constitution, the salaries of State Officers
as now existing shall be reduced at least 25 per cent. And
after said reduction the General Assembly shall not have the
power to increase the same, except by a vote of two-thirds of
the members of each house, taken by yeas and nays, and en¬
tered on the journals. Provided , The pay of no officer of this
State shall be changed during the time for which he was
elected or appointed.

40

On motion of Mr. Harrison, the report of the committee on
the bill of rights was taken from the table.

On motion of Mr. Knox, the convention proceeded to the
consideration of the bill of rights, as reported by the commit¬
tee, section by section.

The preamble was read as follows:

We, the People of the State of Alabama, by our Represe-
sentatives in Convention assembled, in order to establish jus¬
tice, ensure domestic tranquillity, provide for the common de¬
fense, promote the general welfare, and to secure to ourselves
and to our posterity the rights of life, liberty and property,
invoking the favor and guidance of Almighty God, do ordain
and establish the following Constitution and form of govern¬
ment tor the State of Alabama.

Mr. Stone offered the following as a substitute for the pre¬
amble, which was adopted, and the preamble, thus amended,
was adopted.

PREAMBLE.

We, the People of the State of Alabama, by our Delegates
in Convention assembled, profoundly grateful to Almighty God
for the right of choosing our form of government, in order to
establish justice, ensure domestic tranquillity, provide for the
common defense, promote the general welfare, and secure to
ourselves and to our posterity the rights of life, liberty and
property, invoking the aid of Divine Providence, do ordain
and establish the following Constitution and form of Govern¬
ment for the State of Alabama.

The following sections were then adopted.

ARTICLE I.

DECLARATION OF RIGHTS.

That the general and essential principles of liberty and free
government may be recognized and establish, We Declare—

Sec. 1 . That all men are equally free and independent; that
they are endowed by their Creator with certain inalienable
rights; that among these are life, liberty and the pursuit of
happiness.

Sec. 2. That all persons resident in this State, born in the
United States, or naturalized, or who shall have legally de¬
clared their intention to become citizens of the United States,
are hereby declared to be citizens of the State of Alabama,
possessing equal civil and political rights.

Sec. 3. That all political power is inherent in the people,
and all free governments are founded on their authority, and

41

instituted for their benefit; and that, therefore, they have, at
all times, an inalienable and indefeasible right to change their
form of government, in such manner as they may deem expe¬
dient.

See. 4. That no religion shall be established by law; that
no preference shall be given by law to any religious sect, so¬
ciety, denomination, or mode of worship; that no one shall
be compelled by law to attend any place of worship, nor to
pay any tithes, taxes, or other rate, for building or repairing
any place of worship, or for maintaining any minister or min¬
istry ; that no religious test shall be required as a qualification
to any office or public trust under this State; and that the
civil rights, privileges and capacities of any citizen, shall not
be in any manner affected by his religious principles.

Sec. 5. That any citizen mav speak, write, and publish his
sentiments on all subjects, being responsible for the abuse of
that liberty.

Sec. 6. That the people shall be secure in their persons,
houses, papers and possessions, from unreasonable seizures or
searches, and that no warrant shall issue to search any place,
or to seize any person or thing, without probable cause, sup¬
ported by oath or affirmation.

Sec. 7. That in all criminal prosecutions the accused has a
right to be heard by himself and counsel, or either; to demand
the nature and cause of the accusation; to have a copy there¬
of ; to be confronted by witnesses against him; to have com¬
pulsory process for obtaining witnesses in his favor; and in
all prosecutions by indictment or information, a speedy pub¬
lic trial, by an impartial jury of the county or district in which
the offense was committed; and that he shall not be com¬
pelled to give evidence against himself, or be deprived of his
life, liberty or property, but by due process of law.

Sec. 8. That no person shall be accused or arrested, or de¬
tained, except in cases ascertained by law, and according to
the forms which the same has prescribed; and no person shall
be punished but by virtue of a law established and promul¬
gated prior to the offense and legally applied.

Section nine was read, as follows:

Sec. 9. That no person shall, for any indictable offense, be
proceeded against criminally, by information, except in cases
arising in the land and naval service, or in the militia when in
actual service, or by leave of the court, for oppressions or
misdemeanors in office; Provided, That in cases of petit lar¬
ceny, assault, assault and battery, affray, unlawful assemblies,
vagrancy, and other misdemeanors, the General Assembly
may, by law, dispense with a grand jury, and authorize such

42

prosecutions and proceedings before justices of the peace or
such other inferior courts as may be by law established.

Mr. Martin moved to amend by inserting after the word
“ provided,” the words “ otherwise than as provided in this
constitution.”

Mr. Herndon moved as an amendment to the amendment
the following: Strike out the words “ for oppression and mis¬
demeanors in office,” and insert “ for misfeasance, misde¬
meanor, extortion and oppression in office,” which last amend¬
ment was accepted, and the amendment thus amended was
adopted.

The section thus amended was then adopted.

The tenth seotion was then read, as follows :

Seo. 10. That no person shall, for the same offense, be twice
put in jeopardy of life or limb.

Mr. Samford moved to strike out “ limb,” and insert “ lib¬
erty ;” which motion was lost.

Mr. Oates moved to strike out “of life and limb.” The
motion to strike out was lost.

Mr. McClellan moved to add the word “ libertywhich
motion was loBt.

The section was then adopted.

The following sections were adopted:

Sec. 11. That no person shall be debarred from prosecuting
or defending, before any tribunal in the State, by himself or
counsel, any civil cause to which he is a party.

Sec. 12. That the right of trial by jury shall remain invio¬
late.

Sec. 13. That in prosecutions for the publication of papers
investigating the official conduct of officers, or men in public
capacity, or when the matter published is proper for public
information, the truth thereof may be given in evidence; and
that in all indictments for libel, the jury shall have the right
to determine the law and the facts under the direction of the
court.

Sec. 14. That all courts shall be open, and that every per¬
son, for any injury done him in his lands, goods, person or
reputation, shall have a remedy by due process of law; and
right and justice shall be administered without sale, denial or
delay.

The following section was then read :

Sec. 15. The State of Alabama shall never be made defend¬
ant in any court of law' or equity.

Mr. Oates moved to strike out the section.

On motion of Mr. Harrison, the motion was laid on the ta¬
ble.

43

Mr. Oates then offered the following amendment: Amend
by adding the following words, “except by its permission
upon a vote of two-thirds of the members of each house of the
General Assembly.”

On motion of Mr. Flournoy, the amendment was laid on the
table. Ayes 53, noes 38.

Those who voted yea are—

Messrs. President, Aiken, Bliss, Brewer, Brown, Burgess,
Calloway, Coleman, Flournoy, Forwood, Foster of Barbour,
Gilbreath, Gullett, Hames, Harrison, Heflin, Herndon, Hud¬
son, Kelly, LaDgdou, Laird, Lea of Dallas, Lewis, Lyon, Man-
asco, Martin, McClellan, Moren, NeSmith, Nisbett, Norwood,
Nowleu, O’Bannon, O’Neal, Parks, Pickett, Powell of Tusca¬
loosa, Prince, Pugh, Ralls, Richards, Robinson, Samford,
Scott, Smith, Sterrett, Stone, Swan, Sykes, Taylor, Weathers,
White, Willett and Woolf—53.

Those who voted nay, are—

Messrs. Akers, Allgood, Bolling, Booth, Bulger. Burton,
Carson, Cobb, Curtis, Davis, Delbridge, Foster of Hale, Gar¬
rett, Gibson, Gordon, Green of Choctaw, Hargrove, Ingle,
Johnson of Macon, Jones, Knox, Lea of Baldwin, Little, Liv-
ingstoD, Long, Lowe, Meadows, Mudd, Murphree, Musgrove,
Oates, Parks, Plowman, Powell of Bullock, Rather, Rice and
Torrey—38.

Mr. Rice moved to amend by adding the following words:
“Except as a trustee and in respect to trust funds originally
derived or received from or under an act of the Congress of
the United States; but any suit of that kind instituted in any
court of equity in this State, by any citizen or domestic cor¬
poration of this State, shall be maintained and determined
under the general rules governing such courts in ascertaining
the liability of trustees who have voluntarily received trust
funds.”

Pending consideration of the amendment, on motion of
Mr. Moren, the convention adjourned until 12 o’clock to¬
morrow.

NINTH DAY.

Wednesday, September 15,1875.
The Convention met pursuant to adjournment.

Prayer by Rev. Mr. White, of the convention.

The journal of yesterday was read and approved.

Mr. Burns offered a proposition that no property shall be

44

exempt from the payment of judgments rendered for libel or
slander or defamation. Beferred to committee on exemp¬
tions.

Also, a proposition that mechanical and agricultural em¬
ployes shall have a lien upon all property manufactured or
produced by their labor. Beferred to committee on legisla¬
tive department.

Mr. White, a proposition that there shall be exempt to the
head of each family from execution or other final process of a
court, eighty acres of land, if in the country, or in lieu thereof
a house, and if in any town or city not exceeding one thous-
anddollars in value, and five hundred dollars worth of personal
property, to be selected by the claimant thereof, as may be pro¬
vided by law, and the legislature shall have no power to in¬
crease this exemption. Beferred to committee on exemp¬
tions.

Mr. Lewis, a proposition providing for organization of a
board of public works, Beferred to committee on legislative
department.

Mr. Oates, from committee on judicial department, submit¬
ted the following majority report:

The committee on the judicial department, to which was
referred the ordinance declaring who are the lawful tax col¬
lectors of this State, as follows, to-wit: Whereas, a contest
is now going on in many of the counties of this State between
claimants to the office of tax collector; and, whereas, there is
great doubt as to who are the lawful tax collectors; and,
whereas, it is proper to relieve the respective judges of pro¬
bate of uncertainty as to who are entitled to the tax books of
their counties; and, whereas, a settlement of this question by
judicial proceedings would necessarily greatly delay the col¬
lection of public revenue, and might result in serious loss to
the State and many counties thereof—therefore,

Sec. 1. Be it ordained by the people of Alabama, in con¬
vention assembled, That the tax collectors who were elected
at the general election held for the election of State and coun¬
ty officers in this State, on the 3d day of November, 1874, or
appointed since that time, and who have given bond and qual¬
ified as such, are hereby declared to be the lawful tax collect¬
ors of this State, and shall have the right to collect all the
taxes due for the year 1875.

Sec. 2. Be it further ordained. That all laws or parts of laws
which are in conflict with the provisions of the first section
of this ordinance, be and the same are hereby repealed

have had the same under consideration, and a majority of
said committee instruct me to report adversely thereto.

45

Mr. Woolf, from the minority of said committee, submitted
the following report:

The minority of the committee on judicial department, to
which was referred the ordinance relating to or declaring who
are the lawful tax collectors of this State, respectfully dissent
from the report of the majority, and do recommend the passage
of said ordinance by this convention.

H. A. Woolt,

W. S. Mudd,

S. J. Bolling,

R. O. Pickett.

Messrs. Cobb and Torrey submitted the following report:

We do not concur in the report of either the majority or
minority of the committee, and prefer to remain uncommitted
by the report of either.

Mr. Inzer moved that the minority report be substituted
for the majority report.

Mr. Lowe moved to lay the motion upon the table; which
was carried.

Mr. Rice moved to lay the majority report upon the table;
which motion was lost. Ayes 24, noes 67.

Those who voted yea, are—

Messrs. Bolling, Booth, Bulger, Burns, Carson, Curtis, Da¬
vis, Delbridge, Foster of Hale, Garrett, Green of Conecuh,
, Hargrove, Ingle, Inzer, Knox, Livingston, Mudd, Pickett,
Plowman, Powell of Tuscaloosa, Rice, Samford, Woolf—24.

Hi Those who voted nay, are—

A Messrs. President, Aiken, Akers, Allgood, Battle, Bliss,
grower, Brown, Burton, Burgess, Calloway, Cobb, Coleman,
Jpickinson, Flournoy, Forwood, Foster of Barbour, Gibson,
i®ilbreath, Gordon, Gullett, Green of Choctaw. Hames, Heflin,
merndon, Hudson, Johnson of Macon, Jones, Kelly, Langdon,
Jpaird, Lewis, Little, Long, Lowe, Manasco, Martin, McClellan,
*eadows, Moren, Murphree, Musgrove, NeSmith, Nisbett,
Norwood, Nowlen, Oates, O’Bannon, O’Neal, Parks, Powell
'of Bullock, Prince, Pugh, Ralls, Rather, Richards, Robinson,
Scott, Smith, Sterrett, Stone, Swan, ■ Sykes, Taylor, Torrey,
Weathers, White and Willett—69.

The adverse report of the majority of the committee, was
then concurred in.

Mr. Lowe, from the committee on exemptions, submitted a
Report and an article.

Mr. Foster of Barbour, moved that the report lie on the
liable and that one hundred copies be printed ; which motion
was carried.

46

Mr. Herndon, from the committee on executive department,
Bnbmitted a report and article.

Mr. Harrison, from tbe same committee, submitted a mi¬
nority report

Mr. Garrett moved that both reports lie on the table and -
that one hundred copies be printed; which motion was car¬
ried.

Mr. Mudd offered a proposition as a schedule for the con¬
stitution ; and. on his motion, the same was laid on the table
and one hundred oopies ordered printed.

On motion of Mr. Garrett, the convention adjourned until
12 o’clock to-morrow.

TENTH DAY.

Thursday, September 16,1875.

The convention met pursuant to adjournment.

Prayer by Rev. Dr. Gwiu.

Journal of yesterday being partly read, on motion of Mr.
Poster of Barbour, the further reading was dispensed with,
on account of its length.

Mr. Lowe offered a proposition that the General Assembly
shall enaot no law requiring a citizen of the State to obtain a
license to engage in or carry on any useful trade or occupa¬
tion, nor shall such power be delegated to any county, town
or municipal corporation; provided, the General Assembly
shall have full power to enact laws for the issue of retail li¬
censes, or regulations promotive of the comfort, safety, de¬
cency and good order of society. Referred to legislative de¬
partment.

Mr. Swan, a proposition that the duties of county superin¬
tendent be imposed upon the probate judge, and that he shall
receive for his services one per cent, of all the money paid
out by him to teachers. Referred to committee on educa¬
tion.

Mr. Knox, a resolution that Section 13 of Article VI, of the
present constitution, be amended by striking out all after the
word “ provided.”

Mr. Burns, a proposition that no property, assets or wages
of delinquents shall be exempt from the payment of any taxes
due to State, county or city. Referred to committee on finance
and taxation.

Mr. Inzer moved to suspend the order of business so as to
take up the bill of rights; which motion was carried.

47

The question was upon the adoption of the amendment
offered by Mr. Rice to the 16th section.

Mr. Moren moved to lay the amendment on the table; which
motion was carried. Yeas 87, nays 8.

Those who voted yea, are—

Messrs. President, Aiken, Allgood, Bliss, Bolling, Booth,
Brewer, Brown, Bnrgess, Burns, Burton, Callaway, Cobb,
Coleman, Davis, Delbridge, Dickinson, Flournoy, Forwood,
Foster of Barbour, Gamble, Garrett, Gibson, Gilbreath, Gor¬
don, Green of Choctaw, Green of Conecuh, Gullett, Humes,
Hargrove, Harrison, Heflin, Herndon, Hndson, Ingle, Inzer
Johnson of Macon, Jones, Kelly, Langdon, Laird, Lea of Dal¬
las, Little, Livingston, Long, Lowe, Lyon, Manasco, Martin,
McClellan, Meadows, Moren, Mudd, Murphree, Musgrove,
NeSmith, Nisbett, Norwood, Nowlen, Oates, O’Bannon, O’Neal,
Parks, Pickett, Powell of -Bullock, Powell of Tuscaloosa,
Prince, Pugh, Ralls, Rather, Richards, Robinson, Samford,
Scott, Smith, Sterrett, Stone, Swan, Sykes, Taylor, Torrey,
Weathers, White, Willett and Woolf—87.

Those who voted nay, are—

Messrs. Bulger, Carson, Curtis, Foster of Hale, Knox,
Lewis, Plowman and Rice—8.

Mr. Meadows, an amendment to 15th section, “ except as
trustees in respect to trust funds received from and under any
acts of congress of the United States or other sources for ed¬
ucational purposes.”

On motion of Mr. Richards, the amendment was laid on the
table.

Mr. Rice, an amendment to 16th section, as follows v “But
it is hereby njade the imperative duty of the General Assem¬
bly at its next session, as well as at each ensuing session, upon
the application by petition or otherwise to that body to ascer¬
tain without delay the liability of the State for and in respect
to such trust funds originally derived from or received under
an act of congress, as may be made in such application and
in whose favor such liability exists, and to make such provis¬
ions for its ultimate satisfaction as the General Assembly may
think consistent with the welfare and good faith of the State
as a trustee.”

Mr. Harrison moved the previous question, which prevailed,
and the amendment was cut off.

The 16th section was then adopted.

The 16th, 17th, 18th, 19th, 20th, 21st and 22d sections were
adopted, as follows:

Seo. 16. That excessive fines shall not be imposed, nor cruel
or unusual punishments inflicted.

Sec. 17. That all persons shall, before conviction, be bail-

48

able bj sufficient sureties, except lor capital offenses when
the proof is evident or the presumption great; and that ex¬
cessive bail shall not, in any. case, be required.

Sec. 18. That the privilege of the writ of habeas corpus
shall not be suspended by the authorities of this State.

Seo. 19. That treason against the State shall consist only
in levying war against it, or adhering to its enemies, giving
them aid and comfort; and that no person shall be convicted
of treason except on the testimony of two witnesses to the
same overt aot, or his own confession in open court.

Seo. 20. That no person shall be attainted of treason by
the General Assembly; and that no conviction Bhall work
corrnption of blood or forfeiture of estate.

Seo. 21. That no person shall be imprisoned for debt.

Seo. 22. That no power of suspending laws shall be exer¬
cised, except by the General Assembly.

Section 23 was read, as follows:

“ That no ex post facto law, or any law impairing the obliga¬
tion of contracts, or retrospective in its operations, or making
any irrevocable grants of special privileges or immunities
shall be passed by the General Assembly.

Mr. Oates moved to amend section 23 by striking out the
words “ or retrospective in its operation.” Adopted, and the
section, as amended, was adopted.

Section 24 was then read, as follows:

“That private property shall not be taken or applied for
public use, unless just compensation is made therefor; nor
hall property be taken for private use, or for the use of cor¬
porations other than municipal, without the consent of the
owner; Provieed, however, that laws may be made securing
to persons or corporations the right of way over the lands of
either persons or corporations, and for works of internal im¬
provement, the right to establish depots, stations and turn¬
outs, but just compensation shall in all cases be first made to
the owner.’’

Mr. Herndon offered the following as a substitute for
seotion 24:

The exercise of the right of eminent domain shall never be
abridged, or so construed as to prevent the General Assembly
from taking the property and franchises of incorporated com¬
panies and subjecting them to public use same as individuals.
But private property shall not be taken or applied for public
use, unless just compensation be first made therefor; nor
shall private property be taken for private nse or for use of
corporations, other than municipal, without the oonsent of the
owner; Provided, however, the General Assembly may by

49

general laws provide for and Mgulate the exercise by persons
or corporations of the right herein reserved.

Mr. Samford offered as amendment to the substitute the
following:

Provided, That right of eminent domain shall not be so
construed as to allow taxation or forced subscription for the
benefit of railroads or any other kind of corporations, other
than municipal, or for the benefit of any individual or associa¬
tion.

Mr. Herndon accepted the amendment.

Mr, Harrison offered to amend as follows:

Provided, however, that laws may be made securing to per¬
sons the right of way over the lands of either persons or cor¬
porations.

Mr. Coleman proposed as amendment to last amendment,
“but in all cases just compensation shall be allowed;”
which was accepted.

Mr. McClellan moved to recommit section 24, and all amend¬
ments thereto, to committee on bill of rights; which was car¬
ried.

Section 25 was read: That all navigable waters shall re¬
main forever public highways, free to the citizens of the State
and of the United States, without tax, impost or toll imposed;
and that no tax, toll, impost or wharfage shall be demanded
or received from the owner of any merchandise or Commo¬
dity for the use of the shores, or any wharf erected on the
shores, or in or over the waters of any navigable stfeam, un¬
less the same be expressly authorized by the General Assem-

Mr. Plowman moved to amend by striking out the words
“ unless the same be expressly authorized by the General As¬
sembly. ”

On motion of Mr. Parks the amendment was laid npon the
table.

Section 25 was adopted.

Section 26 was adopted as follows : That the citizens have
a right, in a peaceable manner, to assemble together for the
common good, and to apply to those invested with the power
of government for redress of grievances, or other purposes,
by petition, address or remonstrance.

Section 27 was read : That every citizen has a right to bear
arms in defense of himself and the State.

Mr. Oates moved to amend sis follows: But no one shall,
except when in the service of the State, carry about his per¬
son a pistol, or bowie knife or knife of like kind, unless he be
4

60

traveling, or setting out on a journey, or is threatened with,
or has good reason to apprehend an attack.

Mr. Bichards moved to lay the amendment on the table;
which motion was carried.

Section 27 was adopted.

Section 28 was read: That no person who conscientiously
scruples to bear arms shall be compelled to do so, but may
pay an equivalent for personal services.

On motion of Mr. Samford the section was stricken out.

Sections 29, 30 and 31 was adopted as follows:

Seo. 29. That no standing army shall be kept up without
the consent of the General Assembly ; and, in that case, no
appropriation for its support shall be made for a longer term
than one year, and the military shall, in all cases and at all
times, be in strict subordination to the civil power.

Seo. 30. That no soldier shall, in time of peace, be quar¬
tered in any house without the consent of the owner; or in
time of war, but in a manner prescribed by law.

Seo. 31. That no title of nobility, or hereditary distinction,
privilege, honor or emolument, shall ever be granted or con¬
ferred in this State ; and that no office shall be created, the
appointment to which shall be for a longer time than during
good behavior.

Section 32 waB read: That emigration from the State shall
not be prohibited, and that no citizen shall be exiled.

Mr. Stone moved to amend by adding the following words:
“ and that immigration to the State shall be encouraged. ”

The amendment was adopted, and the section was then
adopted.

Sections 33, 34 and 35 were adopted as follows:

Seo. 33. That temporary absence from the State shall not
be a forfeiture of residence once obtained.

Seo. 34. That no form of slavery shall exist in this State,
and there shall be no involuntary servitude otherwise than for
the punishment of crime, of which the party shall have been
duly convioted.

Seo. 35. The' right of suffrage shall be protected by laws
regulating elections, and prohibiting under adequate penal¬
ties, all undue influences from power, bribery, tumult, or other
improper conduct.

Section 36 was read: That this State shall never claim or
exercise any right to sever its relations with the Federal
Union, or pass any law in derogation of the authority of the
Government of the United States.

Mr. Knox moved to substitute the following minority re¬
port, to-wit:

51

Seo. 86. That this State has no right to sever its relations
to the Federal Union, or to pass any law in derogation of the
paramount allegiance of the citizens of this State to the Gov¬
ernment of the United States.

Mr. Martin moved to lay the substitute on the table; which
was carried—yeas 77, nays 10.

Those who voted yea are—

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss,
Bolling, Brewer, Brown, Burgess, Burns, Burton, Callaway,
Cobb, Coleman, Davis, Dickinson, Flournov, Forwood, Foster
of Barbour, Gamble, Garrett, Gibson, Gilbreath, Gordon,
Green of Choctaw, Green of Conecuh, Gullett, Hames, Har¬
grove, Harrison, Heflin, Herndon, Hudson, Inzer, Johnson of
Macon, Jones, Kelly, Langdon, Laird, Lea of Dallas, Little,
Lowe, Manasco, Martin, McClellan, Meadows, Moren, Mur-
phree, Musgrove, NeSmith, Norwood, Nowlen, Oates, O’Ban-
non, O’Neal, Park, Pickett, Powell of Tuscaloosa, Prince,
Pugh, Ralls, Rather, Richards, Robinson, Samford, Scott,
Smith, Sterrett, Stone, Swan, Sykes, Taylor, Torrey, Weath¬
ers, White, Willett and Woolf—77.

Those who voted nay are—

Messrs. Booth, Bulger, Carson, Curtis, Delbridge, Foster of
Hale, Knox, Lewis, Plowman and Rice—10.

Mr. Pickett moved to strike out the section.

Mr. Lowe moved to lay the motion upon the table; which
motion was carried—ayes 75, noes 15.

Those who voted yea are—

Messrs. President, Aiken, Akers, Allgood. Battle, Bliss,
Bolling, Brewer, Brown, Burgess, Burton, Callaway, Cobb,
Coleman, Davis, Delbridge, Dickinson, Flournoy, Forwood,
Foster of Barbour, Foster of Hale, Garrett, Gibson, Gil¬
breath, Gordon, Green of Choctaw, Green of Conecuh, Gul¬
lett, Hames, Hargrove, Heflin, Herndon, Hudson, Ingle,
Inzer, Johnson of Macon, Jones, Kelly, Langdon, Lewis,
Little, Long, Lowe, Manasco, Martin, NeSmith, Norwood,
Nowlen, O’Bannon, McClellan, Meadows, Moren, Murphree,
O’Neal, Parks, Powell of Tuscaloosa, Priuce, Pugh, Ralls,
Rather, Richards, Samford, Scott, Smith, Sterrett, Stone,
Swan, Sykes, Taylor, Torrey, Weathers, White, Willett and
Woolf—75.

Those who voted nay are —

Messrs. Booth, Bulger, Burns, Carson, Curtis, Harrison,
Knox, Laird, Lea of Dallas, Livingston, Pickett, Plowman,
Powell of Bullock, Rice and Robinson—15.

Mr. Lowe offered the following substitute for said section :

The people of this State accept as conclusive the construe-

52

tion now established that the Federal compact betw een the
United States of America is an indissoluble Union of inde¬
structible States, and from this Union there can be no seces¬
sion of any State.

Mr. Pickett moved to lay the substitute on the table; which
motion was carried—ayes 53, noes 35.

Those who voted yea are—

Messrs. President” Akers. Allgood, Battle, Bliss, Bolling,
Brewer, Brown, Burton, Callaway, Cobb, Coleman, Davis,
Dickinson, Forwood, Foster of Barbour, Gamble, Gibson,
Green of Choctaw, Green of Conecnh, Gullett, Hames, Har¬
rison, Heflin, Herndon, Inzer, Johnson of Macon, Lea of
Dallas, Little, Long, Manasco, Martin, Moren, Murphree,
Musgrove, Norwood, Nowlen, O’Bannon, O’Neal, Parks,
Pickett, Powell of Tuscaloosa, Prince, Bather, Robinson,
Samford, Smith, Sterrett, Stone, Sykes, Torrey, Weathers and
Willett—53.

Those who voted nay are—

Messrs. Aiken, Booth, Bulger, Burgess, Burns, Carson,
Curtis, Delbridge, Flournoy, Foster of Hale, Gilbreath, Gor¬
don, Hargrove, Jones, Knox, Langdon, Laird, Lewis, Living¬
ston, Lowe, McClellan, Meadows, NeSmith, Plowman, Powell
of Bullock, Pugh, Rather, Rice, Riohards, Scott, Swan, Tay¬
lor, White and Woolf—35.

Mr. Harrison moved the previous question, and the call was
sustained and section adopted—yeas 8l, nays 7.

Those who voted yea are—

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss,
Bolling, Booth, Brewer, Brown, Bulger, Burgess, Burns,
Burton, Callaway, Cobb, Coleman, Delbridge, Dickinson,
Flournoy, Forwood, Foster of Barbour, Gamble, Garrett,
Gibson, Gilbreath, Gordon, Green of Choctaw, Green of Con¬
ecnh, Gullett, Hames, Hargrove, Heflin, Herndon, Hudson,
Ingle, Inzer, Johnson of Macon, Jones, Kelly, Knox, Lang¬
don, Laird, Lea of Dallas, Little, Long, Manasco, Martin,
Meadows, Moren, Murphree, Musgrove, Nebmith, Norwood,
Nowlen, Oates, O’Bannon, O’Neal, Plowman, Powell of Bul¬
lock, Frince, Pugh, Rather, Rice, Richards, Robinson, Scott,
Smith, Sterrett, Stone, Swan, Sykes, Taylor, Torrey, Weath¬
ers, White, Willett and Woolf—81.

Those who voted nay are—

Messrs. Curtie, Foster of Hale, Harrison, Lewis, Lowe,
McClellan, Pickett' and Samford—7.

Mr. Langdon offered the following additional section, to
follow the section known as section 35 :

That Alabama is a free and independent State, subject only

63

to the Constitution of the United States; and, as the preser¬
vation of the States and the maintenance of their governments
are necessary to an indestructible Union, and were intended
to co-exist with it, the General Assembly is not authorized to
adopt, nor will the people ever assent to, any amendment of
the Constitution of the United States which may, in any wise,
impair the right of local self-government belonging to the
people of this State.

Mr. Foster of Barbour called for the previous question;
and the call was not sustained.

On motion of Mr. Langdon, the Convention adjourned un¬
til 12 o’clock to-morrow.

ELEVENTH DAT.

Fbiday, September 17,1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Dr. Gwin of this city.

On motion of Mr. Powell of Tuscaloosa, the reading of the
journal was dispensed with.

Mr. O’Neal moved that the vote by which the Convention
on yesterday adopted section 36 of the bill of rights be re¬
considered ; which motion was carried—ayes 89, noes 2.

Those who voted nay are—

Messrs. Burns, and Foster of Hale.

Mr. Pugh then offered the following substitute for sec¬
tion 36:

The people of this State accept as final the established fact
that from the Federal Union there can be no secession of any
State.

Mr. Pugh demanded the previous question upon his substi¬
tute ; and the call was sustained—yeas 82, nays 10.

Those who voted yea are—

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss,
Bolling, Brewer. Brown, Burgess, Burton, Callaway, Cobb,
Coleman, Davis, Dickinson, Flournoy, Foster of Barbour,
Foster of Hale, Forwood, Garrett, Gibson, Gilbreath, Gordon,
Green of Choctaw, Green of Conecuh, Gullett, Hames, Har¬
grove, Harrison, Heflin, Herndon, Hudson, Inzer, Johnson of
Macon, Jones, Kelly, Langdon, Laird, Lea of Baldwin, Lea
of Dallas, Little, Long, Lowe, Lyon, Manasco, Martin, Mc¬
Clellan, Meadows, Moren, Mudd, Murphree, Musgrove, Ne-
Smith, Nisbett, Norwood, Nowlen, Oates, O’Bannon, O’Neal,
Parks, Pickett, Powell of Bullock, Prince, Pugh, Ralls,

54

Bather, Biohards, Bobinson, Samford, Scott, Smith, Sterrett,
Stone, Swan, Sykes, Torrey, Weathers, White, Willett and
Woolf—82.

Those who voted nay are—

Messrs. Booth, Bulger, Burns, Curtis, Delbridige, Knox,
Lewis, Livingston, Plowman and Biee—10.

The substitute for section 36 was then adopted—yeas 94,
nays none.

Mr. Little moved to suspend the regular order of business
in order to continue the consideration of the bill of rights;
which motion was carried.

Mr. Langdon, with leave, withdrew the proposed additional
section submitted by him on yesterday.

Mr. Aiken moved to strike out section 37, which reads as
follows:

Foreigners who are, or may hereafter become bona fide resi¬
dents of this State, shall enjoy the same rights in respect to
the possession and enjoyment and inheritance of property, as
native born citizens.

Mr. Foster of Barbour moved to lay the motion upon the
table ; which motion was carried.

Mr. Lewis moved to amend by striking out the words “bona
fider

Mr. McClellan moved to lay the motion upon the table ;
which motion was carried.

The section was then adopted.

Section 38 was read as follows:

That the sole object and only legitimate end of government
is to protect the citizen in the enjoyment of life, liberty and
property; and when the government assumes other functions
it is usurpation and oppression.

Mr. Foster of Hale, moved to amend by striking out all
after the word "property.”

On motion of Mr. Foster of Barbour, the amendment was
laid on the table.

The section was then adopted.

Section 39 was read as follows:

The Legislature shall impose no educational or property
qualification for suffrage or office, nor any restraint upon the
same, on account of race, color or previous condition of serv¬
itude.

On motion of Mr. Herndon, the word “Legislature” was
stricken out and the words "General Assembly” inserted in
lieu thereof.

Mr. Murphree moved to amend by striking out the word
"or” after the word race ; which amendment was adopted.

55

Mr. Booth moved to amend by adding, “or for non-payment
of taxes.”

On motion of Mr. Richards, the amendment was laid on
the table. .

Mr. Rice moved to amend by adding: “The right of no
qualified voter in this State, shall ever be dependent upon his
having the actual possession of any certificate or other writ¬
ten or printed instrument, when he offers his vote at any elec¬
tion in this State.”

On motion of Mr. Samford, the amendment was laid on the
table.

The 39th section, as amended, was then adopted.

Section 40 was then adopted, as follows:

“ That this enumeration of certain rights, shall not impair
or deny others retained by the people.”

Mr. Stone offered the following as a substitute for section 24,
which had been recommitted to the committee on the bill of
rights.

“ The exercise of the right of eminent domain shall never
be abridged, or so construed as to prevent the General As¬
sembly from taking the property and franchises of incorpora¬
ted companies and subjecting them to public use, the same as
individuals. But private property shall not be taken or ap¬
plied for public use unless just compensation be first made
therefor; nor shall private property be taken for private use
or for use of corporations, other than municipal, without the
consent of the owner; Provided, however, that the General
Assembly may by law secure to persons or corporations the
right of way over the lands of other persons or corporations,
and by general laws provide for and regulate the exercise by
persons or corporations of the right herein reserved, but just
compensation shall in all cases be first made to the owner;
and, provided further, that right of eminent domain shall not
be so construed as to allow taxation or forced subscription
for the benefit of railroads or any other kind of corporations,
other than municipal, or for the benefit of any individual or
association.”

The substitute was adopted, and the section, as amended,
was then adopted.

The bill of rights was then referred to the committee on
the order, consistency and harmony of the whole constitu¬
tion.

Mr. Moore, from the committee on the amendments and
miscellaneous provisions, reported the following article:

56

ARTICLE —.

MODE OP AMENDING THE CONSTITUTION.

Sec. 1. The General Assembly may, whenever two-thirds
of each house shall deem it necessary, propose amendments
to the constitution, which, having been read three times on
three successive days, shall be duly published, in such man¬
ner as the General Assembly may direct, at least three months
before the next general election for representatives, for the
consideration of the people; and it shall be the duty of the
several returning officers at the next general election which
shall be held for representatives, to open a poll for the vote
of the qualified electors on the proposed amendments, and to
make a return of said vote to the Secretary of State; and if it
shall thereupon appear that a majority of all the qualified
electors of the State, who voted for representatives, voted in
favor of the proposed amendments, said amendments shall be
valid to all intents and purposes as parts of this constitution,
and the result of such eleotion shall be made known by pro¬
clamation of the Governor.

Sec. 2. No convention shall hereafter be held for the pur¬
pose of altering or amending the constitution of this State,
unless the question of convention or no convention shall be
first submitted to a vote of all the electors twenty-one years
of age and upwards, and approved by a majority of electors
voting at said election.

Also, from same committee, an article on miscellaneous
provisions, as follows:

miscellaneous provisions.

1. No person holding an office of profit under the United
States, shall, during his continuance in such office, hold any
office of profit under this State.

2. The General Assembly shall have no power to authorize
lotteries or gift enterprises, for any purpose, and shall pass
laws to prohibit the sale of lottery or gift enterprise tickets,
or tickets in any scheme in the nature of a lottery, in this
State, and all acts, or parts of acts, heretofore passed by the
General Assembly of this State, authorizing a lottery or lot¬
teries, and all acts amendatory thereof, or supplemental there¬
to, are hereby avoided.

Both reports were ordered to lie on the table and one hun¬
dred copies to be printed.

57

Mr. Oates, from the committee on the judicial department,
submitted a report, and article for the constitution.

Mr. McClellan, from the same committee, submitted a mi¬
nority report, for himself, Mr. Cobb and Mr. Mudd, as to sec¬
tions 4, 25, 28 and 29.

On motion of Mr. Garrett, the reports were laid on the ta¬
ble and 100 copies ordered printed.

Mr. O’Neal, from the committee on education, submitted a
report, accompanied by an article.

Mr. Livingston, from same committee, submitted a minori¬
ty report.

On motion of Mr. Lowe, the reports were laid on the table
and 100 copies ordered printed.

Mr. Lyon, from the committee on legislative department,
submitted a report and article, and, on his motion, they were
laid on the table and 200 copies ordered printed.

Mr. Mudd, from the committee on elections and basis of
representation, reported the following:

ARTICLE —.

SUFFRAGE AND ELECTIONS.

Seo. 1. Every male citizen of _the United States, and every
male person of foreign birth," who may have declared his in¬
tention to become a citizen of the United States, one month
before he offers to vote, who is twenty-one years old or up¬
wards, possessing the following qualifications, and who shall
have registered as hereinafter provided, shall be an elector,
and shall be entitled to vote at any election by the people:

First.—He shall have resided in the State af least one year
immediately preceding the election at which he offers to vote.

Second.—He shall have resided in the county for three
months, and in the precinct, district or ward for fifteen days
immediately preceding the election at which he offers to vote;
Provided, That no soldier, or sailor, or marine in the military
or naval service of the United States shall acquire a residence
by being stationed in this State.

Sec. 2. All elections by the people shall be by ballot, and
all elections by persons in a representative capacity shall be
viva voce.

Sec. 3. It shall be the duty of the General Assembly to
provide, from time to time, fcr the registration of all electors,
but the following classes shall not be permitted to register,
vote or hold office:

1. Those that shall have been convicted of treason, embez¬
zlement of the public funds, malfeasance in office, or crime

58

punishable by imprisonment in the penitentiary, or bribery.

2. Those who are idiots or insane.

Sec. 4. All persons who shall be required to register here¬
after, in order to entitle them to vote, shall take and sub¬
scribe the following oath:

“ I,-, do solemnly swear (or affirm) that I will

support the Constitution and Laws of the United States, and
the Constitution and Laws of the State of Alabama, and that
I possess the qualifications of an elector as provided by the
Constitution and Laws of the State of Alabama.”

Seo. 5. Electors shall in all cases, except treason, felony or
breaoh of the peace, be privileged from arrest during their
attendance at elections, or while going to and returning there¬
from.

Sec. 6 . The General Assembly shall pass laws, not incon¬
sistent with the Constitution, to regulate and govern elections
in this State, and all such laws shall be uniform throughout
the State.

Sec. 7. It shall be the duty of the General Assembly to
pass adequate laws giving protection against the evils arising
from the use of intoxicating liquors at elections.

Sec. 8. Returns of elections for all civil officers who are to
be commissioned by the Governor, and for members of the
General Assembly, shall be made to the Secretary of State.

Ordered to lie on the table, and one hundred copies to be
printed.

Mr. Cobb, with leave, offered the following resolution, which
was adopted:

Resolved, That the President of this Convention appoint a
clerk for the pifrpose of enrolling the reports of committees
as they shall be adopted by the convention.

Mr. O’Neal, from the oommittee on education, submitted a
memorial to the congress of the United States in relation to
the Agricultural and Mechanical College at Auburn, the re¬
building and refurnishing of the State University, and educa¬
tional interests generally in this State.

On motion of Mr. White, the memorial was unanimously
adopted.

On motion of Mr. Inzer, the convention proceeded to the
consideration of the article on finance and taxation, submitted
by Mr. Sykes on the 14th inst.

The first and second sections were adopted.

On motion of Mr. Cobb, the consideration of the third sec¬
tion was postponed for the present.

Mr. Livingston moved to amend the fourth section, as fol¬
lows :

69

Provided, That the General Assembly may, on undonbted
security, by a vote of five-sixths of all the members of both
houses thereof, loan its credit in aid of and to assist the Gen¬
eral Government in removing obstructions to navigation in
the Coosa river.

On motion of Mr. Sykes, the amendment was laid upon the
table.

Mr. McClellan moved to amend by inserting the words “ di¬
rectly or indirectly,” after the word “ never.”

On motion of Mr. Richards, the amendment was laid on the
table.

Mr. Hargrove offered the following as a substitute for sec¬
tion four:

The General Assembly shall have no power to authorize
any county, city, town or political corporation or subdivision
of the State now existing, or that may be hereafter established,
to lend its credit or to grant public money or other thing of
value in aid of or to any individual, association or corporation
whatsoever, or to become a stockholder in such corporation,
association or company; provided, that these restrictions
shall not apply to any city or town in which two-thirds of the
owners of the real estate by their votes authorize such loan,
grant or subscription.

Mr. Sykes moved to lay the substitute upon the table,
which motion was carried.

Mr. Samford moved to amend by inserting after the word
‘‘individual” in the third line, the word “associate,” and
by striking out “corporation” and inserting “corporate,”
which was adopted.

Mr. Sykes moved to strike out the word “ othdr ” in the first
line, which was carried.

Mr. Powell of Tuscaloosa, moved to amend by iserting after
the word “ in ” in the third line, the words “ any work of in¬
ternal improvement.”

On motion of Mr. Little, the amendment was laid upon the
table.

The section, as amended, was then adopted.

Mr. Oates offered the following substitute :

After the ratification of this constitution, no debt shall be
created against or incurred by this State or its authority, ex¬
cept—

1st. That the General Assembly shall have power to com¬
promise with the holders of lawful bonds of this State, by
substituting therefor new bonds having thirty years to run,
renewable and to be extended for twenty years, at the pleasure
of the State, and bearing not more than 4 per cent, interest,

60

payable annually; and upon the acceptance of such new bonds
by the creditors of the State, to the amount of one million
of dollars or upwards, it shall be the duty of the State Auditor
to levy a special tax upon the taxable property of the State
of such a per centum only as will be sufficient to pay the ac¬
cruing annual interest upon such of said new bonds as have
been exchanged or negotiated; and upon the 1st Monday in Jan¬
uary of each succeeding year, the Auditor shall in like manner
levy such special tax as herein provided, as will be necessary
to pay the annual accruing interest upon such amount of new
bonds as have then been exchanged or negotiated, as in this
section provided; and the taxes levied and collected under
this section shall be applied exclusively to the payment of in¬
terest upon said new bonds, the mode, time and place of such
payment to be prescribed by law.

2d. Such amount as may be necessary to repel invasion or
suppress insurrection, and then only by a concurrence of two-
thirds of the members of each house of the General Assembly,
the vote thereon to be taken by yeas and nays and entered on
the journals; and any act creating or incurring any debt
against this State, except herein provided for, shall be abso¬
lutely void.

Pending the consideration of the substitute, on motion of
Mr. Pickett, the convention adjourned until 10 o’clock to¬
morrow.

TWELFTH DAT.

Saturday, September 18,1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Richards, of the Convention.

The journal of yesterday was read and approved.

Mr. Harrison, with leave, offered a resolution—

1. That the President of the Convention be requested to
forward a copy of the memorial reported by the committee on
education, to the President of the Senate and Speaker of the
House of Representatives of the Congress of the United States,
with the request that they present said memorial to their res¬
pective houses.

2. That the Secretary of the convention be instructed to
forward a copy of the said memorial to Senator Goldthwaite
and each of our Representatives in Congress, with the request
that they bring the subject matter thereof to the considera¬
tion of congress and urge the granting of the petition therein
contained.

61

Mr. Garrett moved to amend by striking out “ Senator Gold-
tkwaite” and inserting “our Senators.”

Mr. Lowe moved to lay the amendment on the table, which
motion was lost.

The amendment was adopted, and the resolution, as amend¬
ed, was then adopted.

Mr. Aiken, a proposition as section — of the schedule.
Referred to the committee on order, consistency and harmo¬
ny of the constitution.

Mr. Lea of Baldwin, a proposition that whenever, in this
State, any person is sentenced to be punished by death, the
court must direct that he be hanged by the neck until he is
dead, in the prison wherever he is confined, or in some other
more convenient but private place. Referred to committee on
executive department.

The report of the committee on finance and taxation then
came up for consideration.

On motion of Mr. Powell of Tuscaloosa, the further consid¬
eration of the report was postponed until Tuesday next.

On motion of Mr. Battle, the convention proceeded to the
consideration of the report of the committee on militia.

The first section was read as follows:

All able bodied male inhabitants of this State between the
ages of 18 and 45 years, who are citizens of the United States
or have declared their intention to become such citizens, shall
be liable to militia duty in the militia of the State; Provided,
That no person who is religiously scrupulous of bearing arms
can be compelled to do so, but may be compelled to pay an
equivalent for military service in such manner as may be pre¬
scribed by law.

On motion of Mr. Battle, the proviso was stricken out.

The section, thus amended, was adopted.

Sections two and three were adopted as follows :

Sec. 2. The General Assembly, in providing for the organi¬
zation, equipment and discipline of the militia, shall conform
as nearly as practicable to the regulations for the government
of the armies of the United States.

Sec. 3. Each company and regiment shall elect its own com¬
pany and regimental officers; but if any company or regiment
shall neglect to elect such officers within the time prescribed
by law, they may be appointed by the Governor.

Section four was read as follows:

Volunteer organizations of infantry, cavalry and artillery
may be formed, under such restrictions and privileges as may
be provided by law.

Mr. Battle moved to amend by inserting “with such” be-

62

tween the words “and” and “ privileges” in the second line,
which amendment was adopted.

The section, thus amended, was adopted.

Section five was adopted, as follows:

The volunteer and militia forces shall in all cases, except
treason, felony and breach of the peace, be privileged from
arrest during their attendance at muster, parades and elec¬
tions, and in going to and returning from the same.

Seotion six was read as follows:

The Governor shall be commander-in-chief of the militia
and volunteer forces of the State, and shall, with the advice
and consent of the Senate, appoint all general officers. The
Governor, the general, and regimental and battallion com¬
manders shall appoint their own staffs, as may be provided
by law. .

Mr. Harrison moved to strike out the words “militia and
volunteer forces” and insert “army and navywhich was lost.

Mr. Oates moved to amend by adding after the word
“State” the words “except when called into the service of the
United States which was adopted.

Mr. Willett moved to strike out the word “Governor
which was lost.

Mr. Samford moved to amend by inserting after the word
“officers” the words “whose terms of office shall be four
years, and who shall receive no compensation except when in
actual service.”

Mr. Bichards moved to amend the amendment by striking
out all after the word “yearswhich was accepted, and the
amendment was then adopted.-

Mr. Harrison offered the following amendment, which was
lost:

The term of office of all officers heretofore appointed shall
terminate at the close of the next session of the General As¬
sembly ; which was lost.

The section, as amended, was then adopted.

Sections 7 and 8 were then adopted, as follows;

Sec. 7. The General Assembly shall provide for the safe
keeping of the arms, ammunition and accoutrements, military
records, banners and relics of the State.

Sec. 8. The officers and men of the volunteer and militia
forces shall not be entitled to, or receive, any pay, rations and
emoluments when not in actual service.

The article was then referred to the committee on the or¬
der, consistency and harmony of the constitution.

On motion of Mr. Oates, the report of the committee on

63

the executive department was taken up, and considered sec¬
tion by section.

The first and second sections were adopted as follows :

Sec. 1 . The Executive Department shall consist of a Gov¬
ernor, Secretary of State, State Treasurer, State Auditor, and
Attorney General, and a Sheriff for each county.

Sec. 2. The supreme executive power of this State shall
be vested in a chief magistrate, who shall be styled “the Gov¬
ernor of the State of Alabama.”

The third seotion was read as follows :

Sec. 3. The Governor, Secretary of State, State Treasurer,
State Auditor, and Attorney General, shall be elected by the
qualified electors of this State, on the first Monday of August,
one thousand, eight hundred and seventy-six, and every four
years thereafter, or at such other time as the General Assem¬
bly may, after August, one thousand, eight hundred and sev¬
enty-six, prescribe by law.

Mr. McClellan moved to strike out the word “four” and in¬
sert “two.”

Mr. Foster of Barbour moved to lay the amendment on the
table ; which motion was lost—ayes 36, noes 48.

Those who voted aye are—

Messrs. President, Akers, Allgood, Bolling, Bulger, Burgess,
Callaway, Carson, Curtis, Dickinson, Forwood, Foster of Bar¬
bour, Gilbreath, Green of Choctaw, Green of Conecuh,
Humes, Hargrove, Herndon, Ingle, Langdon, Lea of Bald¬
win, Lea of Dallas, Long, Lowe, Lyon, Martin, Nisbett,
O’Bannon, Prince, Pugh, Richards, Smith, Stone, Torrey,
Willett and Woolf—36.

Those who voted nay are—

Messrs. Aiken, Battle Bliss, Booth, Brewer, Brown, Bur¬
ton, Davis, Delbridge, Flournoy, Foster of Hale, Garrett,
Gibson, Gordon, Gullett, Harrisou, Heflin, Inzer, Kelly, Knox,
Laird, Little, Livingston, Manasco, McClellan, Meadows,
Mudd, Murphree, Musgrove, NeSmith, Norwood, Nowlen,
Oates, O’Neal, Parks, Pickett, Plowman, Powell of Bullock,
Powell of Tuscaloosa, Ralls, Rather, Rice, Robinson, Satn-
ford, Scott, Swan, Weathers and White—48.

Pending consideration of the amendment offered by Mr.
McClellan, on motion of Mr. Oates, the Convention adjourned
until II o’clock Monday.

64

THIRTEENTH DAT.

Monday, September 20.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Ralls of the Convention.

On motion of Mr. Inzer, the reading of the journal was
dispensed with.

Mr. Heflin presented a petition from the citizens of Talla¬
dega county, asking that the constitutional limit for counties
be reduced to four hundred square miles. Referred to legis¬
lative department.

On motion of Mr. Mudd, the general order was suspended
for the purpose of taking from the table and recommitting
the report made by the committee on elections and basis of
representation, fixing “representation.” The report was then
recommitted.

Mr. Harrison, a proposition that no tax shall be levied
upon persons or property in this State to pay the interest or
principal of any bonds, direct or indirect, which have been or
may hereafter be issued in aid of any railroad corporation;
Provided, The General Assembly shall, at its first session
after the ratification of this constitution, transfer by appro¬
priate legislation to the holders of said bonds all collaterals
held by the State for her pretended endorsement of the same.
Referred to finance and taxation.

Mr. Langdon, from the committee on corporations, submit¬
ted a report; which was ordered to lie on the table and one
hundred copies to be printed.

The report of the committee on the executive department
came up for consideration, the question being upon the
amendment offered by Mr. McClellan to strike out the word
“four,” in the third section, and insert “two.”

The amendment was adopted—ayes 55, noes 31.

Those who voted yea are—

Messrs. Aiken, Battle, Bliss, Bolling, Booth, Brewer,
Brown, Burgess, Burton, Carson, Cobb, Davis, Delbridge,
Dickinson, Flournoy, Forwood, Foster of Hale, Garrett, Gib¬
son, Gordon, Green of Choctaw, Green of Conecuh, Gullett,
Hargrove, Harrison, Heflin, Inzer, Johnson of Macon, Kelly,
Knox, Laird, Little, Long, Manasco, McClellan, Meadows,
Murphree, Norwood, Nowlen, Oates, O’Bannon, O’Neal,
Parks, Pickett, Powell of Bullock, Powell of Tuscaloosa,
Ralls, Rather, Rice, Robinson, Samford, Sterrett, Swan, Tor-
rey. "Weathers and White—55.

Those who voted nay are—

65

Messrs. President, Akers, Allgood, Bulger, Coleman, Curtis,
Foster of Barbour, Gilbreath, Hames, Herndon, Hudson,
Ingle, Jones, Langdon, Lea of Dallas, Livingston, Lowe.
Lvon, Martin, Moren, Musgrove, NeSmith, Nisbett, Prince,
Richards, Smith, Stone, Taylor, Willett and Woolf—31.

Mr. Langdon offered the following amendment to section
3: Amend by striking out “first Monday in August,” with
the view of inserting “Tuesday next iollowing the first Mon¬
day of November.”

The amendment was lost.

Mr. Samford moved to strike out the words, “after August
one thousand, eight hundred and seventy-six,” and add after
the word “law,” “provided the General Assembly shall not
have power to fix the time for holding any election at the same
time that any Federal election may be held in the State ,”
which was lost.

On motion of Mr. Oates, the words “Attorney General”
were stricken out.

The section as amended was adopted.

Section 4 was read as follows:

The returns for every election for Governor, Secretary of
State, Auditor, State Treasurer, and Attorney General, shall
be sealed up and transmitted by the returning officers to the
seat of government, directed to the Speaker of the House of
Representatives, who shall, during the first week of the ses¬
sion to which said returns shall be made, open and publish
them in the presence of both Houses of the General Assem¬
bly in joint convention. The person having the highest num¬
ber of votes for either of said offices, shall be declared duly
elected,' but if two or more shall have an equal and the high¬
est number of votes, the General Assembly, by joint vote,
without delay, shall choose one of said persons for said office.
Contested elections for Governor, Secretary of State, State
Auditor, State Treasurer, and Attorney General, shall be de¬
termined by both Houses of the General Assembly, in such
manner as may be prescribed by law.

On motion of Mr. Oates, the words “Attorney General,”
wherever they occur, were stricken out.

Section 4, as amended, was then adopted.

Section 5 was read as follows:

The Governor, Secretary of State, State Treasurer, State
Auditor, and Attorney General, shall hold their respective
offices for the term of four years from the time of their in¬
stallation in office, and until their successors shall be elected
and qualified, and the Governor and State Treasurer shall be
ineligible to re-election as their own successors.

6

66

Mr. Harrison moved to strifes out the word “four” and in¬
sert “two,” and. also, to strike out the words “and the G >ver
nor and State Treasurer shall be ineligible to re-election as
their own successorswhich was carried.

On motion of Mr. Oates, the words “Attorney General”
were stricken out.

Mr. Aifeen offered the following amendment: By adding
“but shall not be eligible for more than four years in any
term of six years.”

Mr. Oates moved to lay the amendment on the table;
which was carried.

The section, as amended, was then adopted.

Section 6 was read as follows:

The Governor shall be at least thirty-five years of age when
elected, and shall have been a citizen of the United States ten
years, and a resident citizen of this State at least seven years,
next, before the day of his election.

Mr. Foster of Barbour moved to amend by striking out
“thirty-five” and inserting “twenty-five.”

Mr. Oates moved to amend the amendment by inserting
“thirty which was accepted.

Mr. Martin moved to lay the amendment on the table;
which motion was lost—ayes 38, noes 50.

Those who voted yea, are—

Messrs. Bliss, Burgess, Carson, Coleman, Curtis, Davis,
Dickinson, Flournoy, Foster of Hale, Garrett, Gilbreath,
Green of Conecuh, Hames, Hargrove, Heflin, Herndon, Hud¬
son, Langdon, Lea of Dallas, Lyon, Martin, Meadows, Moren,
Mudd, Murphree, Nisbetfc, Norwood, Nowlen, Parks, Ralls,
Richards, Smith, Sterrett, Swan, White, Willett and Woolf—
38.

Those who voted nay, are—

Messrs. President, Aiken, Akers, Allgood, Battle, Bolling,
Booth, Brewer, Brown, Burton, Cobb, Delbridge, Forwood,
Foster of Barbour, Gibson. Gordon, Green of Choctaw. Gul-
lett, Harrison, Ingle, Inzer, Johnson of Macon, Jones, Kelly,
Knox, Long, Laird, Little, Lowe, Manasco, McClellan, Mus-
grove, NeSmith, Oates, O’Bannon, O’Neal, Pickett, Plowman,
Powell of Bollock, Powell of Tuscaloosa, Prince, Pugh, Rather,
Rice, Robinson, Samford, Stone, Taylor, Torrey and Weath¬
ers—60.

The amendment was adopted.

The section, as amended, was then adopted.

‘Section 7 was read as follows:

The Governor, Secretary of State, State Treasurer, State
Auditor, and Attorney General, shall reside at the seat of

67

government daring the time they continue in office, except in
case of epidemics, and they shall receive compensation for
their services, which shall be fixed by law, and shall not be
increased or diminished during the term for which they shall
have been elected.

Mr. McClellan moved to amend by striking out the words,
“shall reside at the seat of government of this State daring
their continuance in office, except in case of epidemic, and
they.”

Mr. Gibson moved to lay the amendment on the table;
which was carried—yeas 58, nays 25.

Those who voted yea are—

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss,
Bolling, Booth, Bulger. Burgess, Burton, Coleman, Davis,
Del bridge, Dickinson. Flournoy, Forwood, Foster of Hale,
Gibson, Gilbreath, Green of Conecuh, Gullett, Harrison,
Heflin, Herndon, Hudson, Johnson of Macon, Jones, Kelly,
Knox, Larigdon, Laird, Long, Lowe, Lyon, Manasco, Martin,
Meadows, Moren, Murphree, Musgrove, NeSmith, Nisbett,
O’Bannon, Parks, Plowman, Powell of Bnllock, Powell of Tus¬
caloosa, Rather, Rice, Richards, Robinson, Sterrett, Stone,
Swan, Torrey, White, Willett and Woolf—58.

Those who voted nay, are—

Messrs. Cobb, Curtis, Foster of Barbour, Garrett, Green of
Choctaw, Gordon, Hames, Hargrove, Inzer, Little, McClellan,
Mudd, Norwood, Nowlen, Oates, O’Neal, Pickett, Prince,
Pugh, Ralls, Samford, Smith, Taylor and Weathers—25,

On motion of Mr. O’Neal, the word “Governor” was
stricken out.

Mr. Oates offered the following substitute :

That the Governor, Secretary of State, State Treasurer, and
State Auditor, shall not, at any one time, absent themselves
from the capitol more than five days, except in case of sick¬
ness of such officer, or the prevalency of an epidemic at the
capital, or when in the service of the State; and they shall
receive for their services a salary, to be provided by law,
which shall not be increased or diminished during their offi¬
cial terms, and they shall not, after the expiration of the
terms of those now in office, receive to their use any fees,
costs, perquisites of office or other compensation; and all
fees that may, after the ratification of this constitution, be
payable by law for services performed by either of such offi¬
cers, shall be paid in advance into the State treasury.

Mr. Powell of Tuscaloosa moved to reconsider the vote by
which the word “Governor” was stricken out; which motion
was carried.

68

The question recurring upon the motion to strike out the
word “Governor,’* it wai lost—ayes 13, noes 72.

Those who voted yea are—

Messrs. Burgess, Cobb, Foster of Barbour, Garrett, Gibson,
Hargrove, Inzer, Little, McClellan, O’Neal, NeSmith, Pickett
and Woolf—13.

Those who voted nay are—

Messrs. President, Akers, Aiken, Allgood, Battle, Bliss,
Bolling, Booth, Brewer, Brown, Burton, Bulger, Coleman,
Curtis, Davis, Delbridge, Dickinson, Flournoy, Forwood,
Foster of Hale, Gilbreath, Gordon, Green of Choctaw, Green
of Conecuh, Gullett, Hames, Harrison, Heflin, Herndon,
Kelly, Knox, Langdon, Laird, Lea of Dallas, Lewis, Long,
Lowe, Lyon, Manasco, Martin, Meadows, Moren, Mudd,
Murphree, Musgrove, Nowlen, Oates, O’Bannon, Parks, Plow¬
man, Powell of Bullock, Powell of Tuscaloosa, Prince, Pugh,
Ralls, Rather, Rice, Richards, Robinson, Samford, Smith,
Sterrett, Stone, Taylor, Torrey, Weathers, White and Wil¬
lett—72.

The question then recurred upon the substitute of Mr.
Oates.

Mr. Gibson moved to amend the substitute by inserting
“ten” instead of “fivewhich was accepted.

Mr. Lea of Dallas moved to insert after “sickness of such
officer” the words, “or his family.”

On motion of Mr. Lyon, the substitute and amendment
were laid on the table.

Mr. Brown moved to amend by striking out the word “re¬
side” and inserting the word “remain.”

Mr. Richards demanded the previous question ; which call
was sustained, and the section was adopted—ayes 66, noes 13.

Section 8 and 9 were adopted as follows :

Sec. 8. The Governor shall take care that the laws be
faithfully executed.

Sec. 9. The Governor may require information in writing,
under oath, from the officers of the executive department, on
any subject relating to the duties of their respective offices;
and he may, at any time, require information in writing, un¬
der oath, from all officers and managers of State institutions,
upon any subject relating to the condition, management and
expenses of their respective offices and institutions; and any
such officer or manager who makes a false report shall be
guilty of perjury and punished accordingly.

The tenth section was read as follows:

The Governor may, by proclamation, on extraordinary oc¬
casions, convene the General Assembly at; the seat of govern-

69

meet, or at a different place, if, since their last adjournment,
that shall have become dangerous from an enemy or from
contagious diseases; and he shall state specifically in suoh
proclamation each matter concerning which the action of that
body is deemed necessary.

Mr. Parks moved to insert “infectious or” before the word
“contagious;” whioh was carried, and the section, thus
amended, was adopted.

Section eleven was adopted, as follows:

The Governor shall, from time to time, give to the General
Assembly information of the state of the government, and re¬
commend to their consideration such measures as he may
deem expedient, and at the commencement of each session of
the General Assembly, and at the close of his term of office,
give information by written message of the condition of the
State, and he shall account to the General Assembly, as may
be prescribed by law. for all moneys received and paid out by
him from any funds subject to his order, with the vouchers
therefor, and he shall at the commencement of each regular
session present to the General Assembly estimates of the
amount of money required to be raised by taxation for all
purposes.

Section twelve was read, as follows:

He may have power to remit fines and forfeitures, under
such rules and regulations as the General Assembly may pre¬
scribe by law, and after conviction to grant reprieves, commu¬
tation of sentence and pardons (except in cases of treason and
impeachment); but pardons, in cases of murder, arson, bur¬
glary, rape, assault with intent to commit rape, perjury, forg¬
ery. bribery and larceny, shall not relieve from civil and polit¬
ical disability. No pardon shall be granted or sentence com¬
muted except upon the recommendation in writing of the Sec¬
retary of State, Attorney General and State Auditor, or any
two of them, after full hearing, upon due public notice in the
county where the party was convicted and in open session;
and such recommendation, and the reason therefor at length,
shall be recorded and filed in the office of Secretary of State.
Upon conviction of treason, the Governor may suspend the
execution of the sentence and report the same to the General
Assembly at the next regnlar session, when the General As¬
sembly shall either pardon, commute the sentence, direct its
execution or grant further reprieve. He shall communicate
to the General Assembly at every regular session, each case
of reprieve, commutation or pardon granted, stating the name
and crime of the conviot, the sentence, its date, ana the date
of the reprieve, commutation or pardon.

70

Mr. Will jtfc moved to amend by striking out the word “ con¬
victed” and inserting the word “iudicted,” which was adopted.

On motion of Mr. Harrison 1 , the word “ given ” was inserted
after the word “notice,”

Mr. Rice moved to strike out the second sentence, which
was lost.

Mr. Cobb offered the following amendment: Amend by
striking out the words “Secretary of State” in the sixth line,
and “ State Auditor ” in the seventh line, and inserting in lieu
thereof the words “Solicitor and Judge trying the person
convicted,” which was lost.

Mr. Oates moved to amend by striking out all between the
words “in writing of the” in sixth line, and “and such re¬
commendation ” in the eighth line, and inserting the following:
“ judge and jury before whom the party applying for the com¬
mutation was convicted.”

On motion of Mr. Inzer, the amendment was laid upon the
table.

Mr. Lea of Dallas, moved to amend by adding the word
“embezzlement” after the word “bribery,” which was lost.

Mr. Rice moved to amend by adding the following: “ The
General Assembly shall have power to relieve from any civil
or political disability mentioned or referred to in this section,
which oannot be relieved by the pardon of the Governor,”
which amendment was lost.

The twelfth section, as amended, was then adopted.

On motion of Mr. Aiken, the convention adjourned until
10 A o’clock to-morrow.

FOURTEENTH DAY.

Tuesday, September 21,1875.

The convention met pursuant to adjournment.

Prayer by Rev. Mr. Taylor.

On motion of Mr. Pickett, the reading of the journal was
dispensed with.

THE GENERAL ORDER

Then came up, it being the report of the committee on the
executive department, the question being on the adoption of
the thirteenth section.

Section thirteen was read, as follows:

Every bill which shall have passed both houses of the Gen-

71

eral Assembly, shall be presented to the Governor ; if he ap¬
proves it he shall sign it, but if not he shall return it with his
objections to the house in which it shall have originated, who
shall enter the objections at large upon the journals, and the
house to which such bill shall be returned shall proceed to
reconsider it; if after such reconsideration two-thirds of the
whole number elected to that house shall vote for the passage
of such bill, it shall be sent, with the objections, to the other
house, by which it shall be likewise reconsidered ; it approved
by two-thirds of the whole number elected to that house, it
shall become a law; but in such oases the vote of both houses
shall be determined by yeas and nays, and the names of the
members voting for or against the bill shall be entered upon
the journals of each house respectively; if any bill shall not
be returned by the Governor within five days (Sundays ex¬
cepted) alter it shall have been presented to him, the same
shall be a law in like manner as if he had signed it, unless
the General Assembly by their adjournment prevent its re¬
turn, in which case it shall not become a law. And every
order, vote or resolution, to which the concurrence of both
houses may be necessary (except questions of adjournment
and of bringing on elections by the two houses, and of amend¬
ing this constitution,) shall be presented to the Governor, and
before it shall take effect be approved by him, or being dis¬
approved, shall be repassed by both houses, according to the
rules and limitations prescribed in the cases of a bill.

Mr. Iliittle moved to umend by striking out ‘two-thirds”
wherever it occurred and insert a “majority” in lieu thereof,
which was adopted.

Mr. Murphree offered the following amendment: Strike
out “it shall not be a law,"’ and insert “it shall be filed with
his objections in the office of Secretary of State within ten
days after such adjournment or become a law,” which was
lost. *

Mr. Parks offered the following amendment, which was lost:
Insert after “ law,” the words “ but any bill approved by the
Governor and filed in the office of the Secretary of State within
five days after the adjournment of the General Assembly shall
become a law.”

Section thirteen, as amended, was adopted.

Section fourteen was adopted, as follows:

Seo. 14. The Governor shall have power to disapprove of
any item or items of any bill making appropriations of money,
embracing distinct items, and the part or parts of the bill Ap¬
proved shall be the Jaw, and the item or items of appropria¬
tions disapproved shall be void, unless repassed according to

72

the rales aad limitations prescribed for the passage of bills
over the Executive veto, and he shall in writing state specifi¬
cally the item or items he disapproves.

Section fifteen was read, as follows:

Sec. 15. In oase of the impeachment of the Governor, his
removal from office, death, refusal to qualify, resignation, ab¬
sence from the State, or other disabilitv, the President of the
Senate shall exercise all the power and authority appertaining
to the office of Governor, until the time appointed by the con¬
stitution for the election of Governor shall arrive, (but the
General Assembly may provide by law for the election of
Governor to fill such vacancy at a general election for Repre¬
sentatives to the General Assembly,) or until the Governor
who is absent or impeached shall return or be acquitted, or
other disability removed; and if during such vacancy in the
office of Governor the President of the Senate shall be im¬
peached, removed from office, refuse to qualify, die, resign, be
absent from the State, or be under any other disability, the
Speaker of the House of Representatives shall in like manner
administer the government. If the Governor shall be absent
from the State over twenty days, the Secretary of State shall
notify the President of the Senate, who shall enter upon the
duties oi Governor, and if the Governor and President of the
Senate shall both be absent from the State over twenty days,
such Secretary of State shall notify the Speaker of the House
of Representatives, and in such case he shall enter upon and
discharge the duties of Governor until the return of the Gov¬
ernor or President of the Senate.

Mr. Oates moved to amend by striking out “ but the Gen¬
eral Assembly may provide by law for tho election of a Gov¬
ernor to fill such vacancy at a general election for representa¬
tives to the General Assembly,” which was adopted.

Seotion fifteen, as amended, was adopted.

Section sixteen was read, as follows:

Sec. 16. The President of the Senate and Speaker of the
House of Representatives shall, during the time they admin¬
ister the government, receive the same compensation which
the Governor would have received if he had been employed
in the duties of his office ; Provided, That if the General As¬
sembly shall be in session during such absence they or either
of them shall receive no compensation as members of the
General Assembly while acting as Governor.

Mr. Murphree offered the following amendment, which was
wast: Amend by adding after “office” tne following, “but
for such time the Governor shall not receive any compensa¬
tion during his absence, unless on business of the State.”

The section was adopted.

73

Section seventeen was read, as follows:

Sec. 17. No person shall at one and the same time hold the
office of Governor of this State, or any other office, or com¬
mission, civil or military, either under this State, the United
States, or any other State or government, except as otherwise
provided in this constitution.

On motion of Mr. Powell of Tuscaloosa, the word “or” in
the third line was stricken out, and “and” inserted in lieu
thereof.

On motion of Mr. Livingston, the words “or commission”
were stricken out.

Mr. Oates moved to strike out “ except as otherwise pro¬
vided in this constitution,” which was lost.

The section, as amended, was then adopted.

Section eighteen was then read, as follows:

Sec. 18. The Governor shall be commander-in-chief of the
army and navy of this State, and .of the militia thereof, except
when they shall be called into the service of the United States,
and he may call out the same to execute the laws, suppress
insurrection and repel invasion, but he need not command in
person, unless directed to do so by a resolution of the General
Assembly, and when acting in the service of the United States,
he shall appoint his staff and the General Assembly shall fix
his rank.

On motion of Mr. Battle, the words “ of the army and navy
of this State,” and “ and thereof,” were stricken out, and the
words “and volunteer forces of the State” were inserted after
the word “ militia.”

Mr. Burns moved to strike out the last clause, which was
lost.

The section, as amended, was adopted.

Section nineteen was read, as follows :

No person shall be eligible to the office of Secretary of State,
State Treasurer, State Auditor or Attorney General, unless
he shall have been a citizen of the United States at least seven
years, and shall have resided in this State at least five years
next preceding his election, and shall be at least 25 years old
when elected.

Mr. Samford moved to amend by striking out “ or attorney
general,” which was lost.

Mr. Rice moved to amend by striking out “ five ” and in¬
serting “ one,” which was lost.

Mr. Livingston moved to amend by striking out “ twenty-
five” and inserting “thirty,” which was lost.

Section nineteen was then adopted.

Section twenty was read, as follows:

74

There shall be a great seal of the State, which shall be used
officially by the Governor, and the custodian of such seal shall
be the Secretary of State; and the seal now in use shall con¬
tinue to be used until another shall have been adopted by the
General Assembly. The seal shall be called the “Great Seal
of the State of Alabama.”

Mr. Powell of Tuscaloosa, moved to amend by striking out
“ and the custodian of such seal shall be the Secretary of State,”
which was adopted

Section 20, thus amended, was adopted.

Sections 21 and 22 were adopted, as follows :

Sec. 21. The Secretary of State shall be the custodiau of the
seal of the State, and shall authenticate therewith all official
acts of the Governor—his approval of laws and resolutions
excepted. He shall keep a register of the official acts of the
Governor, and when necessary shall attest them, and lay
copies of the same, together with copies of all papers relative
thereto, Jbefore either house of the General Assembly, when¬
ever required to do so, and shall perform such other duties as
may be prescribed by law.

Sec. 22. All grants and commissions shall be issued in the
name and by the authority of the State of Alabama, sealed
with the great seal, signed by the Governor, and countersigned
by the Secretary of State.

Section 23 was read as follows :

Should the office of Secretary of State, State Treasurer,
State Auditor, or Attorney General, become vacant for any of
the causes specified in section fifteen of this article, the Gov¬
ernor shall fill the vacancy until the disability is removed, or
a successor is elected and qualified. Every such vacancy
shall be filled by election at the first general election of mem¬
bers to the General Assembly, held more than thirty days
after such vacancy shall have occurred, and the person elected
shall hold for the unexpired term.

Mr. Harrison moved to strike out “every such vacancy shall
be filled by election at the first general election of members
to the General Assembly, held more than thirty days after
such vacancy shall have occurred, and the person elected
shall hold for the unexpired termwhich was adopted, and
the section thus amended was adopted.

Section 24 was adopted as follows :

The State Treasurer, State Auditor, and Attorney General,
shall perform such duties as may be prescribed by law. The
State Treasurer and State Auditor shall, every year, at a time
the General Assembly may fix, make a full and complete re¬
port to the Governor, showing all receipts and disbursements

75

of revenue of every character, all claims audited and paid by
the State by items, and all taxes and revenue collected and
paid into the treasury, and from what sources; and they shall
make reports oftener on any matter pertaining to their office,
if required to do so by the Governor or the General As¬
sembly.

Section 25 was read as follows:

A sheriff shall be elicted in each county by the qualified
voters thereof, who shall hold his office for the term of four
years, unless removed from office, and shall be ineligible to
such as his own successor; Provided, that sheriffs elected on
the first Monday in August, 1877, shall hold their offices for
the term of three years, and until their successors shall be
elected and qualified. In the year 1880, at the general elec¬
tion for members to the General Assembly, sheriffs shall be
elected for four years as herein provided. Vacancies in the
office of sheriff shall be filled by the Governor as in other
cases, and the person appointed shall continue in office until
the next general election in the county for sheriff as provided
by law.

Mr. Flournoy offered the following substitute :

A sheriff shall be elected in each county in this State on
the first Monday in August, 1876, who shall hold his office
for the term of two years from the time he enters on the du¬
ties of said office; Provided, that the sheriffs elected on the
third day of November, 1874, shall hold their office as now
paovided by law, and those elected on the first Monday in
August, 1876, shall not enter on the duties of their office until
the expiration of the terms of the sheriffs elected in 1871,
and no sheriff shall be eligible to more than two terms con¬
secutively.

Mr. Parks moved to lay the substitute on the table; which
motion was carried.

M^r. Little moved to amend by inserting “or such other
time as may be prescribed by law for the election in that
year;” which was adopted.

Mr. Rice moved to strike out “four” in the second line and
insert “three.”

A division of the question was called for, aad the Conven¬
tion refused to strike out.

The section, as amended, was then adopted.

Mr. Rather moved to reconsider the vote by which the
twelfth section of the report was adopted; which motion was
carried.

Mr. Rather offered the following amendment; which was
adopted:

76

By inserting after the word “disability” the words, “unless
specially expressed in the pardon.”

Mr. Rather moved to amend by striking out the second
sentence; which was carried.

Mr. Oates offered the following as an additional section :
The State Auditor, State Treasurer, and Secretary of State,
shall not, after the expiration of the terms of those now in
office, receive to their use any fees, costs, perquisites of office
or compensation other than their salaries, as prescribed by
law ; and all fees that may be payable by law for any service
performed by either of sueh officers, shall be paid in advance
into the State Treasury.

Mr. Inzer moved to lay the amendment on the table ; which
was lost—ayes 46, noes 47.

Those who voted yea are—

Messrs. President, Akers, Allgood, Battle, Bolling, Brewer,
Brown, Burgess, Burton, Cobb, Coleman, Dickinson, Flour¬
noy, Forwood, Gamble, Gibson, Gilbreath, Gullelt, Hatnes,
Heflin, Herndon, Inzer, Ingle, Johnson of Macon, Little,
Long, Lyon, Manasco, McClellan, Mudd, Murphree, Mus-
grove, NeSmith, Nisbett, Norwood, O’Bannon, O’Neal, Pick¬
ett, Powell of Tuscaloosa, Prince, Rather, Richards, Robin¬
son, Scott, Stone, Sykes, Torrey and Woolf—46.

Those who voted nay are—

Messrs. Aiken, Bliss, Booth, Bulger, Burns, Callaway,
Curtis, Davis, Delbridge, Foster of Barbour, Foster of Hale,
Garrett, Gordon, Green of Choctaw, Green of Conecuh,
Hargrove, Harrison, Hudson, Jones, Kelly, Knox, Langdon,
Laird, Lea of Dallas, Lewis, Livingston, Lowe, Martin,
Meadows, Moren, Musgrove, Nowlen, Oates, Parks, Plowman,
Powell of Bullock, Pugh, Ralls, Rice, Samford, Sterrett,
Swan, Taylor, Weathers, White and Willett—47.

The additional section was then adopted.

Mr. Little moved to reconsider the vote by which section 6
had been adopted.

Mr. Flournoy moved to lay the motion to reconsider on the
table; which was carried—ayes 68, nays 22.

The report was then adopted, as amended, and referred to
the committee on the order, harmony and consistency of the
whole constitution.

On motion of Mr. Mudd, the report of the committee on
elections and basis of representation, on suffrage and elec¬
tions, was taken from the table.

The first section was read as follows:

Sec. 1 . Every male citizen of the United States, and every
male person of foreign birth, who may have declared his in-

77

tention to become a citizen of the United States before he
offers to vote, who is twenty-one years old or upwards, pos¬
sessing the following qualifications, and who shall have regis¬
tered as hereinafter provided, shall be an elector, and shall be
entitled to vote at any election by the people—

First. He shall have resided in the State at least one year
immediately preceding the election at which he offers to
vote.

Second. He shall have resided in the county for three
mouths, and in the precinct, district or ward, for fifteen days
immediately preceding the election at which he offers to’vote;
Provided, That no soldier or sailor, or marine in the military
or naval service of the United States, shall acquire a resi¬
dence by being stationed in this State,

Mr. Mudd moved to amend by striking out the words “and
who shall have registered as hereinafter provided;” which
was adopted.

Mr. Mudd moved to amend by inserting “legally” between
the words “have” and “declared” in the third line ; which
was adopted.

Mr. Mudd offered the following amendment:

Provided, That the General Assembly may by law provide
for a longer or shorter residence in any precinct, district or
ward in any incorporated city or town having a population of
more than five thousand inhabitants.

Mr. Inzer moved to amend the amendment by adding “but
in no case to exceed three monthswhich was adopted.

The amendment, as amended, was adopted.

Mr. Lea of Dallas moved to amend, as a third qualification,
as follows:

He shall have complied with all laws passed by the General
Assembly to regulate and control voting in the State.

On motion of Mr. Mudd, the amendment was laid upon the
table.

Mr. Herndon moved to strike out the words “one month ;**
which was adopted.

Mr. Samford moved to strike out the words “fifteen” and
insert “thirtywhich was adopted.

Mr. Rice offered the following amendment:

Provided further, That no other qualification, restriction or
regulation, than such as are mentioned in the constitution,
shall be enforced as to any citizen of this State who possesses
the qualifications mentioned in this constitution, and has been
registered in compliance with the provisions of law.

Mr. Cobb moved to amend the amendment by striking out
the words “restriction or regulation.”

78

Mr. Mudd moved to lay both amendments on the table;
which was carried.

Mr. Garrett moved to reconsider the vote by which the
amendment of Mr. Samford, striking out “fifteen” and insert¬
ing “thirty,” was adopted.

Mr. Gibson moved to lay the motion to reconsider upon
the table; which latter motion was carried.

Mr. Mudd moved to reconsider the vote by which the
amendment, giving to the General Assembly power to provide
for a longer or shorter residence in cities, etc., was adopted.

Mr* White moved to lay the motion on the table; which
was carried.

Mr. Oates moved to amend by inserting after the word
“upwards” the following: “who has paid his poll tax for the
preceding tax year.”

On motion of Mr. Hargrove, the amendment was laid on
the table.

Mr. Inzer moved to amend the sixth line by striking out
“one year” and inserting “six months ;” which was lost.

Mr. Burns offered the following amendment: That the
General Assembly shall pass no law requiring a certificate of
registration of any elector of this State, unless it will also re¬
quire written or printed evidence that he has also paid his
taxes for the preceding year.

On motion of Mr. Richards, the amendment was laid on
the table.

Section 1, as amended, was then adopted.

Section 2 was adopted as follows :

All elections' by the people shall be by ballot, and all elec¬
tions by persons, in a representative capacity, shall be viva
voce.

The third section was read as follows :

It shall be the duty of the General Assembly to provide
from time to time for the registration of all electors; but the
following classes shall not be permitted to register, vote or
hold office:

First. Those that have been convicted of treason, embez¬
zlement of the public funds, malfeasance in office, or crime
punishable by imprisonment in the penitentiary, or bribery.

Second. Those who are idiots or insane.

Mr. Mudd moved to strike out all before the- words “the
following,” so that the section may read as follows: “The fol¬
lowing classes shall not be permitted to register,” &c.; car¬
ried.

On motion of Mr. Mudd, the words “or bribery” were
transferred so as to come in between “office” and “or.”

79

The section, as amended, was then adopted.

On motion of Mr. Mudd, section 4 was stricken out.

Section 5 was adopted as follows:

Sec. 5. Electors shall, in all cases, except treason, felony,
or breach of the peace, be privileged from arrest during their
attendance at elections, or while going to or returning there¬
from.

Section 6 was read as follows:

Sec. 6 . The General Assembly shall pass laws, not incon¬
sistent with this constitution, to regulate and govern elections
in this State, and all such laws shall be uniform throughout
the State.

Mr. Mudd offered the following amendment, by adding:

The General Assembly may, when necessary, provide by
law for the registration of electors throughout the State, or
in any incorporated city or town thereof, and when it is so
provided no person shall vote at any election unless he shall
have registered as required by law.

Mr. McClellan moved to lay the amendment on the table ;
which motion was lost.

The amendment was adopted, and the section, thus
amended, was adopted.

Section 7 was adopted as follows :

It shall be the duty of the General Assembly to pass ade¬
quate laws, giving protection against the evils arising from
the use of intoxicating liquors at elections.

Section 8 was read as follows:

Returns of elections for all civil officers who are to be com¬
missioned by the Governor, and for members of the General
Assembly, shall be made to the Secretary of State.

On motion of Mr. Herndon, it was amended by inserting at
the end the following: except Secretary of State, State Aud¬
itor and State Treasurer. e

The section, thus amended, was adopted.

Mr. Rice offered the following amendment, as an additional
section ; which was lost:

Any oath required by the Legislature for registration, or for
voting, shall be construed to include the obligation to support
faithfully the principle of the civil and political equality of all
men, as declared or asserted, in the recent amendments to
the Constitution of the United States.

The article was then referred to the committee on the order,
harmony and consistency of the whole.

On motion of Mr. Willett, the Convention took a recess un¬
til 4 o’clock.

80

AFTERNOON SESSION.

The Convention assembled at the designated hour.

On motion of Mr. Little, the Convention proceeded to the
consideration of the report of the committee on the legislative
department.

STATE AND COUNTY BOUNDARIES.

Section 1 . The boundaries of this State are established
and declared to be as follows, that is to say: Beginning at a
point where the thirty-first degree of north latitude crosses
the Perdido river; thence east to the west boundary line of
the State of Georgia; thence along said line to the southern
boundary line of the State of Tennessee; thence west along
the southern boundary line of the State of Tennessee, cross¬
ing the Tennessee river, and on to the second intersection of
said river by said line ; thence up said river to the mouth of
Big Bear Creek; thence, by a direct line, to the northwest
corner of Washington county, in this State, as originally-
formed ; thence southerly, along the line of the State of Mis¬
sissippi, to the Gulf of Mexico ; thence eastwardly, including
all islands within six leagues of the shore, to the Perdido
river; thence up the said river to the beginning.

Sec. 2. The boundaries of the several counties of this
State, as heretofore established by law, are hereby ratified and
confirmed, and the General Assembly may, by a vote of two-
thirds of both houses thereof, arrange and designate bounda¬
ries for the several counties of this State, which boundaries
shall not be altered, except by a like vote; but no new coun¬
ties shall be hereafter formed of less extent than six hundred
square miles; and no existing county shall be reduced to less
extent than six hundred square miles, and no new county
shall be formed which does not contain a sufficient number of
inhabitants to entitle it to one representative, under the ratio
of representation existing at the time of its formation, or un¬
less the county or counties from which it is taken shall be left
with the required number of inhabitants entitling such county
or counties to separate representation.

Mr. Inzer moved to strike out “six,” where it occurs, with
the view of inserting “four.”

Mr. Jones moved to lay the motion upon the table; which
was carried.

Mr. Gordon moved to strike out “six” with a view of insert¬
ing “five.”

On motion of Mr. Jones, the motion was laid on the table.

The section was then adopted.

81

DISTRIBUTION OF POWERS OF GOVERNMENT

Were read and adopted, as follows:

Sec. 1 . The powers of the government of the State of Ala¬
bama shall be divided into three distinct departments, each
of which shall be confided to a separate body of magistracy,
to-wit: Those which are Legislative to one ; ~those which are
Executive to another; and those which are Judicial to another.

Sec. 2. No person or collection of persons, being of one of
those departments, shall exercise any power properly belong¬
ing to either of the others, except in the instances hereinafter
expressly directed or permitted.

The article upon distribution of powers of government, di¬
viding the powers into three distinct departments and confid¬
ing each to a separate body of magistracy, to-wit: the legis¬
lative, executive, and judicial, and providing that no one of
these departments shall exercise any power belonging to either
of the others, was adopted.

The article upon the legislative department, was then con¬
sidered.

Section one, resting the legislative power of the State in a
General Assembly, to consist of a Senate and House of Rep¬
resentatives, was adopted.

Section two was then read, as follows:

The style of the laws of this State shall be, “Be it enacted
by the General Assembly of Alabama.” Each law shall con¬
tain but one subject, which shall be clearly expressed in its
title, except general appropriation bills , and bills adopting a
code, digest or revision of statutes; and no law shall be re¬
vised, amended or the provisions thereof extended or conferred
by reference to its title only; but so much thereof as is re¬
vived, amended, extended or conferred, shall be re-enacted or
published at length.

On motion of Mr. O’Neal, the words “revenue bills” were
inserted between the words “ bill ” and “ and,” where they
first occur.

On motion of Mr. Harrison, the word “or” where it last
occurs, was stricken out, and “and” inserted in lieu thereof.

The section, thus amended, was then adopted.

Section three was read, as follows:

Senators and Representatives shall be elected by the quali¬
fied electors on the first Monday in August. The terms of
office of the senators shall be four years, and that of the rep¬
resentatives of two years, commencing on the day after the
general election, except otherwise provided in this constitu¬
tion.

6

82

Mr. Hargrove moved to amend by inserting after the word
“Augast,” the following: “ 1878,and thereafter on such other
day as majr be provided by law.”

Mr. Davis moved to amend the amendment by striking out
the word “ other,” which was accepted.

"Various substitutes were then oflered by different delegates,
which were ruled out of order or lost, when Mr. Lyon offered
the following as a substitute for Mr. Hargrove’s amendment,
which was adopted : Amend by inserting after the word “Au¬
gust” the words “1876, and one-half of the senators and all
the representatives shall be elected every two years thereafter,
unless the General Assembly shall change the time of holding
elections.”

The amendment thus amended was adopted, and the sec¬
tion thus amended was adopted.

Section four was read, as follows:

Senators shall be at least 27 years of age, and representa¬
tives 21 years of age; they shall have been citizens and in¬
habitants of this State three years, and inhabitants of their
respective counties or districts one year next before their elec¬
tion, and shall reside in their respective counties or districts
during their terms of service; Provided, That such county or
district shall have been so long established, but if not, then of
the county or district from which the same shall have been
taken.

Mr, Powell of Tuscaloosa, moved to strike out “ three ” and
insert “ two,” which was lost.

Mr. Davis moved to strike out “27” and insert “25,”
which was lost.

The section was then adopted.

Section five was then read, as follows:

The General Assembly shall meet biennially at the eapitol,
in the senate chamber and in the hall of the house of repre¬
sentatives (except in cases of the destruction of the eapitol or
epidemics, when the Governor may convene them at such place
as he may deem best,) on the day specified in this constitution,
or on such day .as may be prescribed by law, and shall not
remain in session longer than sixty days at the first session
held under this constitution, nor longer than fifty days at any
subsequent session.

Mr. Parks moved to amend by inserting “on the first Mon¬
day in January” after “eapitol.”

Mr. Hargrove moved to amend the amendment by inserting
“ third Monday.”

The question being taken upon the amendment to the
amendment, it was lost.

The amendment was lost.

83

Mr. Burns offered the following amendment, which was lost:
Provided, the General Assembly, by a two-thirds vote of all
the members thereof, with the approval of the Governor, may
have an extra session in 1876.

Mr. Meadows, amendment to strike out “ fifty ” and insert
“ forty ” where it oeeurs near the end of the section; which
was lost.

Mr, Aiken moved to amend by inserting “the senators’ 1
after “capitol,” and “the representatives” between “and”
and “in the hall,” and to strike out “of representatives”;
which was lost.

Mr. Burns moved to strike out “biennially” and insert
“ annually,” which was lost. Ayes 8, noes 8 1 .

The section was then adopted.

Section six was read, as follows:

The pay of the members of the General Assembly shall be
four dollars per day, and ten cents mileage in going to and
returning from the seat of government, to be computed by
the nearest usual route traveled.

Mr. Cobb moved to strike out “ mileage ” and insert “ per
mile,” which was adopted.

Mr. Knox moved to strike out “ four ” and insert “ three,”
which was lost.

The section was adopted.

Section seven was read, as follows:

The General Assembly shall consist of not more than thirty-
three senators aDd the house of representatives of not more
than one hundred members, to be apportioned among the sev¬
eral districts and counties as prescribed in this constitution.

Mr. Itice moved to strike out the words “ not more than ”
where they occur in the section.

On motion of Mr. Garrett, the amendment was laid on the
table.

Mr. Oates offered the following amendment: Add “after
the taking of the next decennial census of the United States
in the year 1880.”

Mr. Lowe offered a substitute as follows : The General As¬
sembly shall consist of twenty-five senators and seventy-five
representatives, to be apportioned among the several districts
and counties as prescribed in this constitution.

Mr. Pugh moved to amend the substitute by adding the
following: Provided, that at the expiration of five years from
the ratification of this constitution, the General Assembly
may, by a vote of two-thirds of each house, increase the num¬
ber of senators to thirty-three and of the representatives to
one hundred members.” The amendment was accepted.

84

Pending the farther consideration, on motion of Mr. Willett,
the convention adjourned until 10J o’clock to-morrow.

FIFTEENTH DAY.

Wednesday, September 22, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Allgood, of the Convention.

The journal of yesterday was read and approved.

Mr. Burton presented a petition from the citizens of Cal¬
houn, Cleburne and Talladega counties to reduce the consti¬
tutional limit of counties to four hundred square miles. Re¬
ferred to legislative department.

general order.

The general order, which was the report of the committee
on the legislative department, then came up.

Mr. Lyon moved to reconsider the vote by which section two
of the article on State and county boundaries was adopted ;
which motion was carried.

On motion of Mr. Mudd, the consideration of the 7th sec¬
tion was postponed until 4^ o’clock this afternoon.

Section two of the article on State and county boundaries
was amended in some verbal particulars, and the said section
was then adopted.

Section eight was read, as follows:

Sec. 8. The Senate, at the beginning and close of each reg¬
ular session, and at such other times as may be necessary,
shall elect one of its members president thereof, and the
House of Representatives shall elect one of its members as
speaker, and the president of the Senate and the speaker of
the House of Representatives shall hold their offices, respect¬
ively, until their successors are elected and qualified. Each
house shall choose its own officers, and shall judge of the
election returns and qualifications of its. members.

Mr. Sykes moved to strike out the words “ and close ” in
the first line, which was adopted.

On motion of Mr. Little, the words “ at the beginning of
each session ” were inserted after the word “ speaker,” where
it first occurs.

The section, as amended, was adopted.

Section nine was then read, as follows :

Members of the house of representatives shall be chosen at
the general election every second year—and members of the

85

senate shall serve four years, as hereinafter provided—their
time of service shall begin on the day after their election.
Whenever a vacancy shall occur in either house, the Governor
for the time being shall issue a writ of election to fill such
vacancy for the remainder of the term.

Mr. Little moved the following substitute for section
nine:

At the general election in the year 1876, senators shall be
elected in the odd numbered districts, to serve for two years,
and in the even numbered districts to serve for four years, so
that thereafter one-half the senators may be chosen biennially.
Members of the house of representatives shall be elected at
the general election every second year. The time of service
of sena'ors and representatives shall begin on the day after
their election. Whenever a vacancy shall occur in either
house, the Governor for the time being shall issue a writ of
election to fill such vacancy for the remainder of the term.

Mr. Bice moved to strike out “odd” and “even,” and in¬
sert “ even ” for “ odd,” and “ odd ” for “ even,” where they
occur; which was accepted.

Mr. Garrett moved to lay the substitute on the table ; which
was lost.

The substitute was adopted, and the section, thus amended,
was adopted.

Section ten was adopted, as follows:

A majority of each house shall constitute a quorum to do
business, but a smaller number may adjourn from day to day,
and may compel the attendance of absent members in such
manner and under such penalties as each house may provide.

Section eleven was read, as follows:

Each house shall have power to determine the rules of its
proceedings, and punish its members or other persons for con¬
tempt or disorderly behavior in its presence, to enforce obe¬
dience to its process, to protect its members against violence,
or offers of bribes or private solicition, and with the concur¬
rence of two-thirds of either house, to expel a member, but
not a second time for the same cause; and shall have all the
powers necessary for the legislature of a free State.

On motion of Mr. Prince, the word “ private ” was stricken
out, and the word “corrupt” inserted in lieu thereof.

Mr. Hargrove moved to strike out “cause” and insert
“ offense,” which was lost.

The section, as amended, was then adopted.

Sections 12, 13, 14 and 15 were adopted, as follows:

Sec. 12. A member of either house expelled for corruption,
shall not thereafter be eligible to either house; and punish-

86

meflt for contempt or disorderly behavior shall not bar an in¬
dictment for the same offense.

Sec. 13. Each house shall keep a journal of its proceedings,
and cause the same to be published immediately after its ad¬
journment, excepting such parts as in its judgment may re¬
quire secrecy ; and the yeas and nays of the members of either
house, on any question, shall, at the desire of one-tenth of the
members present, be entered on the journals. Any member
of either house shall have liberty to dissent from or protest
against any act or resolution -which he may think injurious to
the public or any individual, and have the reasons of his dis¬
sent entered on the journals.

Sec. 14. Members of the General Assembly shall in all cases
except treason, violation of their oath of office and breach
of the peace, be privileged from arrest during their attend¬
ance at the sessions of their respective houses, and in going
to and returning from the same; and for any speech or debate
in either house they shall not be questioned in any other
place.

Sec. 15. The doors of each house shall be opened, except
on such occasions as in the opiuion of the house may require
secrecy.

Section sixteen was read, as follows:

Sec. 16. Neither house shall, without the consent of the
other, adjourn for more than three days, nor to any other
place than that in which they may be sitting.

Mr. Oates moved to strike out “ three ” and insert “ one,”
which was lost.

The section was then adopted.

Sections 17 and 18 were adopted, as follows:

Sec. 17. No senator or representative shall, during the term
for which he shall have been elected, be appointed to any
civil office of profit, under this State, which shall have been
created or the emoluments of which shall have been increased
during such term, except such office as may be filled by elec¬
tion by the people.

Sec. 18. No person hereafter convicted of embezzlement of
the public money, bribery, perjury, or other infamous crime,
shall be eligible to the General Assembly, or capable of hold¬
ing any office of trust or profit in this State.

On motion of Mr. Little, section nineteen was stricken out.

Section twenty was adopted, as follows :

Sec. 20. No law shall be passed except by bill, and no bill
shall be so altered or amended on its passage through either
house as to change its original purpose.

Section twenty-one was read, as follows:

87

Sec. 21. No bill shall be considered by either house unless
referred to a committee and returned therefrom.

Mr. Rice moved to strike out the section, which was lost.

Mr. Cobb offered the following substitute, which was
adopted:

No bill shall become a law until it shall have been referred
to a committee and returned therefrom.

The section, as amended, was adopted.

Section twenty-two was read, as follows:

Every bill shall be read at length, on three different days,
in each house—and no bill shall become a law unless on its
final passage the vote be taken by yeas and nays, the name
of the members voting for and against the same be entered
on the journals, and a majority of each house be recorded
thereon as voting in its favor, except as otherwise provided
in this constitution.

Mr. Oates moved to amend by inserting between the words
“passage” and “the” the following, “it be read at length
and,” and to strike out “ at length ” in the first line.

Mr. Hargrove offered the following substitute :

Every bill shall be read on three different days in each
house, and no bill shall become a law unless on its final pas¬
sage it be read at length and a majority of each house vote
in its favor.

Mr. Oates moved to lay the substitute on the table. Car¬
ried.

The amendment of Mr. Oates was adopted.

The section, as amended, was then adopted.

Section twenty-three was read, as follows, and adopted:

No amendment to bills by one house shall be concurred in
by the other except by the vote of a majority of each house,
taken by yeas and nays, and the names of those voting for
and against recorded upon the journals thereof; and reports
of committees of conferences shall in like manner be adopted
in each house.

Section twenty-four was read, as follows:

No special or local law shall be enacted for the benefit of
individuals or corporations in cases which are or can be pro¬
vided for by a general law, or where the relief sought can be
given by any court of this State. Nor shall the operation of any
general law be suspended by the General Assembly for the
benefit of any individual, corporation or association.

Mr. Oates offered the following substitute for the section:

The General Assembly shall not pass any local or special
law : (1st.) granting divorces; (2d.) making any married wo¬
man a free dealer or relieving her from the disabilities of cov-

88

erture; (3d.) declaring any named person to be of age, or re¬
lieving any minor of the disabilities of non-age; (4th.) legiti¬
matizing or adopting children ; (5th.) changing the name of
any person or place; (fith.) prohibiting the sale or giving away
of spirituous or vinous liquors; (7th.) fixing or changing the
the place of voting; (8th.) transferring, or authorizing the trans¬
fer of the administration of the estate of any minor, or de¬
ceased person, or person of unsound mind, from one county
to another; (9th.) changing the law of descent or affecting
the estates of minors or persons tinder disability ; (10th.) au¬
thorizing the laying out, opening, altering, maintaining or
vacating the roads, highways, streets or alleys; (11.) creating
corporations or amending, extending or explaining the charter
thereof; but it shall be the duty of the General Assembly to
provide for u the same to be done under general laws. In all
other cases where a general law is applicable, no local or
special law shall be enacted.

Mr. Lyon moved to lay the substitute on the table, which
was carried.

Mr. Laird offered the following substitute:

The General Assembly may enact general laws, but shall
not have power to enact any special or local laws.

Mr. Inzer moved to lay the substitute on the table; which
motion was carried.

Mr. Moren called for the previous question, and the call be¬
ing sustained, the section was adopted—ayes 85, noes 2.

Section 25 was read as follows:

No local or special law shall be passed, on a subject which
cannot be provided for by a general Jaw, unless notice of the
intention to apply therefor shall have been published in the
locality where the matter or things to be affected may be sit¬
uated, which notice shall be at least twenty days prior to the
introduction into the General Assembly of such bill—the evi¬
dence of such notice having been given, shall be exhibited to
the General Assembly, before such act shall be passed; Pro¬
vided, That the provisions of this constitution as to special
or local laws shall not apply to public or educational institu¬
tions of or in this State, nor to industrial, mining or manu¬
facturing corporations or interests.

On motion of Mr. Lyon, the word “immigration” was in¬
serted between the words “mining” and “or” in the provision.

Mr. Powell of Tuscaloosa moved to amend by striking out
all down to and including the word “provided.”

On motion of Mr. Bliss, the amendment was laid on the
table.

89

Mr. Norwood moved to strike out all in the proviso after
the word “State.”

Ou motion of Mr. Richards, the amendment was laid on
the table.

The section was adopted.

Mr. White moved to reconsider the vote by which section
23 was adopted; which motion prevailed.

Mr. White moved to strike out the words “each house,” and
insert “such other housewhich was adopted.

The section, thus amended, was adopted.

Section 26 was read as follows :

The General Assembly shall pass general laws, under which
local and private interests shall be provided for and protected.

Mr. Rice offered the following amendment: Amend by ad¬
ding “No law shall be enforced which makes the right of any
qualified voter of this State to vote, at any election in this
State, dependent upon his producing or surrendering any cer¬
tificate of registration or other instrument, when he offers to
vote.”

On motion of Mr. Martin, the amendment was laid upon
the table.

The section was adopted.

Mr. Lowe offered the following as an independent section :

The General Assembly shall enact no law requiring a citi¬
zen of this State to obtain a license to engage in or carry on
any useful trade or occupation; nor shall such power be dele¬
gated to any county, town or municipal corporation; Provid¬
ed, the General Assembly shall have power to authorize the
issue of licenses or other police regulations promotive of the
comfort, safety, decency and good order of society.

Mr. White moved to lay the amendment on the table;
which motion was carried—ayes 51, noes 40.

Those who voted yea are—

Messrs. President, Aiken, Akers, Allgood, Bliss, Bolling,
Brown, Burgess, Burton, Cobb, Coleman, Dickinson, Foster
of Hale, Gamble, Garrett, Gibson, Gordon, Green of Choctaw,
Gullett, Hames, Hargrove, Heflin, Hudson, Ingle, Jones, Lea
of Baldwin, Lewis, Little, Long, Manasco, McClellan, Mo-
ren, Murphree, Musgrove, Norwood, O’Neal, Powell of Tus¬
caloosa, Pugh, Ralls, Rather, Robinson, Scott, Smith, Ster-
rett, Stone, Swan, Sykes, White and Willett—51.

Those who voted nay are—

Messrs. Battle, Booth, Brewer, Bulger, Burns, Callaway,
Curtis, Davis, Delbridge, Flournoy, Forwood, Gilbreath,
Herndon, Johnson of Macon, Inzer, Lea of Dallas, Living¬
ston, Lowe, Lyon, Martin,Meadows, Mudd, NeSmith, Nowlen,

90

Oates, Parks, Pickett, Powell of Bullock, Prince, Rice,
Rickards, Samford, Taylor, Torrey, Weathers and Woolf—40.

Section 27 was read as follows:

The Legislature shall not authorize any lottery, or gift en¬
terprise, for any purpose whatever.

Mr. Booth offered the following amendment: Amend by
adding “apd all acts or parts of acts heretofore passed by the
General Assembly of this State, authorizing a lottery or lot¬
teries, or gift enterprise, and all acts amendatory thereof, or
supplemental thereto, are hereby avoided.”

The amendment was adopted.

Mr. Murphree offered the following amendment: By ad¬
ding, “and shall pass laws to prohibit the sale of lottery or
gift enterprise tickets, or tickets in any scheme in the nature
of a lottery.”

Mr. Richards moved to lay the amendment on the table;
which was lost.

Mr. Battle offered the following as a substitute for the sec¬
tion as amended:

The General Assembly shall have no power to authorize
lotteries or gift enterprises for any purpose, and shall pass
laws to prohibit the sale of lottery or gift enterprise tickets,
or tickets in any scheme in the nature of a lottery, in this
State, and all acts or parts cf acts heretofore passed by the
General Assembly of this State, authorizing a lottery or lot¬
teries, and all acts amendatory thereof, or supplemental
thereto, are hereby avoided.

Mr. Martin moved to amend the substitute by striking out
the words “in this State” where they occur, and inserting the
same words between the words “prohibit” and “the which
was lost.

The substitute was adopted.

The section, as amended, was adopted.

The Convention, on motion of Mr. O’Neal, took a recess
until 4 o’clock, p. m.

AFTERNOON SESSION.

The Convention met at the hour designated.

Sections 28, 29, 80 and 31 were adopted as follows:

Sec. 28. The presiding officer of each house shall, in the
presence of the house over which he presides, sign all bills
and joint resolutions passed by the General Assembly, after

91

the titles have been publicly read immediately before signing,
and the fact of signing shall be entered on the journal.

Sec. 29. The General Assembly shall prescribe by law the
number, duties and compensation of the officers and em¬
ployes of each house ; and no payment shall be made from
the State Treasury, or be in any way authorized, to any per¬
son, except to an acting officer or employe, elected or ap¬
pointed in pursuance of law.

Sec. bO. No bill shall be passed giving any extra compen¬
sation to any public officer, servant or employe, agent or con¬
tractor, after the services shall have been rendered or contract
made, nor shall any officer of the State bind the State to the
payment of any sum of money but by authority of law.

Sec. 81. All stationery, printing, paper and fuel used in
the legislative and other departments of government, shall be
furnished, and the printing, binding and distribution of laws,
journals, department reports, and all other printing and bind¬
ing, and repairing and furnishing the halls and rooms used
for the meetings of the General Assembly and its committees,
shall be performed under contract, to be given to the lowest
responsible bidder below a maximum price, and under such
regulations as shall be prescribed by law ; no member or offi¬
cer of any department of the government shall be in any way
interested in such contracts, and all such contracts shall be
subject to the approval of the Governor, State Auditor and
State Treasurer.

On motion of Mr. Lowe, the thirty-second section was
stricken out.

Sections 83, 34 and 35 were adopted as follows:

All bills for raising revenue shall originate in the House of
Representatives, but the Senate may propose amendments as
in other bills.

The general appropriation bill shall embrace nothing but
appropriations for the ordinary expenses of the executive,
legislative and judicial departments of the State, interest on
the public debt and for the public schools ; all other appro¬
priations shall be made by separate bills, each embracing but
one subject.

No money shall be paid out of the treasury except upon
appropriations made by law, and on warrant drawn by the
proper officer in pursuance thereof.

Section 36 was read as follows:

No appropriation shall be made to any charitable or edu¬
cational institution not under the absolute control of the
State, other than normal schools established by law for the
professional training of teachers for the public schools of the

92

State, except by a vote of two-thirds of all the members
elected to each house,

Mr. Livingston moved to strike out all after ‘'State” down
to and including “State” where it occurs the second time,
which was lost.

The section was adopted.

Section 37 was read as follows:

No act of the General Assembly shall authorize the invest¬
ment of any trust funds by executors, administrators, guar¬
dians and other trustees, in the bonds or stock of any private
corporation; and any such acts now existing are avoided,
saving investments heretofore made.

Mr. Murphree moved to amend by inserting after “corpor¬
ation” the words “or in any other paper or obligations not at
par with the currency of the country which was lost.

The section was adopted.

Section 38 was read as follows:

The power to change the venue in civil and criminal causes
is vested in the courts, to be exercised in such manner as
shall be provided by law.

Mr. Lowe moved to strike out the section.

On motion of Mr. McClellan, the motion was laid upon the
table.

The section was adopted.

Section 39 was read as follows:

When the,General Assembly shall be convened in special
session, there shall be no legislation upon subjects other than
those designated in the proclamation of the Governor calling
such session.

Mr. Samford moved to amend by adding “or recommended
by message of the Governor communicated to the General
Assembly after conveningwhich was lost.

Mr. Knox moved to strike out the section; which was lost.

The section was adopted.

Mr. Foster of Hale moved to reconsider the vote by which
the Convention, this morning, laid upon the table the amend¬
ment of Mr. Lowe as section 27.

Mr. Sykes moved to lay the motion on the table; which
latter motion was carried—ayes 53, noes 39.

The hour of half-past four o’clock having arrived, the
seventh section came up for consideration.

Mr. Oates moved to postpone the further consideration of
the section until to-morrow at 12 o’clock ; which was carried.

On motion of Mr. Mudd, the further consideration of the
report of the committee on the legislative department was

93

postponed for the purpose of allowing the committee on elec¬
tions and the basis of representation to make a report.

Mr. Mudd, from said committee, submitted a majority re¬
port. J J

Mr. NeSmith, from the same committee, submitted a mi¬
nority report.

I he reports were ordered to lie upon the table and one
hundred copies be printed.

The article is as follows :

MAJORITY REPORT.

ARTICLE —.

REPRESENTATION.

Section 1 . The whole number of Senators shall be not
less than one-fourth or more than one-third of the whole
number of representatives.

Sec. 2. The House of Representatives shall consist of not
more than one hundred members, who shall be apportioned
by the General Assembly among the several counties of the
State, according to the number of inhabitants in them re¬
spectively, as ascertained by the decennial census of the Uni¬
ted States, for the year 1880; which apportionment, when
made, shall not be subject to alteration until the first session
of the General Assembly after the next decennial census of
the United States have been taken.

Sec. 3. It shall be the duty of the General Assembly, at
its first session after the taking of the decennial census of the
United States, in 1880, and after each subsequent' decennial
census, to fix, by law, the number of representatives, and ap¬
portion them among the several counties of the State; Pro¬
vided, That each county shall be entitled to at least one rep¬
resentative.

Sec. 4. It shall be the duty of the General Assembly, at
its first session after the taking of the decennial census of the
United States in 1880, and after each subsequent decennial
census, to fix by law the number of Senators, and to divide
the State into as many Senatorial districts as there are Sena¬
tors, which districts shall be as nearly equal to each other in
the number of inhabitants as may be, and each shall be enti¬
tled to one Senator and no more; and which districts when
formed shall not be changed until the next apportioning ses¬
sion of the General Assembly after the next decennial census
of the United States shall have been taken. No county shall
be divided between two districts and no district shall be made
of two or more counties not contiguous to each other.

94

Sec. 5. Should the decennial census of the United States,
from any cause, not be taken, or if when taken, the same as
to this State is not full or satisfactory, the General Assembly
shall have power at its first session after the time shall have
elapsed for the taking of said census, to provide for an enu¬
meration of all the inhabitants of this State, and once in each
ten years thereafter, upon which it shall be the duty of the
General Assembly to make the apportionment of Representa¬
tives and Senators as provided for in this article of the Con¬
stitution.

Seo. 6. At the first general election after each new appor
tionment, elections shall be held anew in all the Senatorial
Districts. The Senators elected, when convened at the next
ensuing session of the General Assembly, shall be divided by
lot into two classes, as nearly equal as may be; the seats of
the Senators of the first class shall be vacated at the expira¬
tion of two years, and those of the second class at the expi¬
ration of four years, from the day of election, so that (except
as above provided) one-half of the Senators may be chosen
biennially.

Sec. 7. Until the General Assembly shall make appor¬
tionment of Representatives among the several counties,
after the first decennial census of the United States as herein
provided, the counties of Autauga, Baldwin, Bibb, Blount,
Calhoun, Chilton, Cherokee, Choctaw, Clarke, Clay, Cleburne,
Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Dale,
DeKalb, Elmore, Etowah, Escambia, Fayette, Franklin, Gen¬
eva, Henry, Lauderdale, Marion, Morgan, Monroe, Marshall,
Randolph, Sanford, Shelby, St. Clair, Walker, Washington
and Winston, shall each have one Representative; the coun¬
ties of Barbour, Bullock, Butler, Chambers, Greene, Hale,
Jackson, Jefferson, Limestone, Lawrence, Lowndes, Lee, Ma¬
con, Marengo, Perry, Pickens, Pike, Russell, Sumter, Talla¬
dega, Tallapoosa, Tuscaloosa and Wilcox, shall have each
two Representatives; the county of Madison three Rep¬
resentatives; the counties of Dallas and Montgomery
shall have each four Representatives, and the county of Mo¬
bile shall have five Representatives.

Sec. a. Until the General Assembly shall divide the State
into Senatorial Districts as herein provided, the Senatorial
Districts shall be as follows :

Lauderdale and Limestone shall form one district; Colbert
and Lawrence shall form one district; Morgan, Winston and
Blount shall form one district; Marshall, Jackson and De-
Kalb shall form one district; Cherokee, Etowah and St. Clair
shall form one district; Calhoun and Cleburne shall form one

95

district; Talladega and Clay shall form one district; Ran¬
dolph and Chambers shall form one district; Macon and Tal¬
lapoosa shall form one district; Franklin, Marion, Fayette
aud Sanford shall form one district; Bibb and Tuskaloosa
shall form one district; Greene and Pickens shall form one
district; Walker, Jefferson and Shelby shall form one dis¬
trict ; Lowndes and Autauga shall form one district; Coosa,
Elmore and Chilton shall form one district; Choctaw, Clarke
and Washington shall form one district; Henry,Coffee, Dale
and Geneva shall form one district; Pike, Crenshaw and
Covington shall form one district ; Butler and Conecuh shall
form one district, Monroe, Escambia and Baldwin shall form
one district; the counties of Barbour, Bullock, Dallas, Hale,
Lee, Madison, Marengo, Mobile, Montgomery, Perry, Rus¬
sell, Wilcox and Sumter, shall each form one distriot.

MINORITY REPORT.

Mr. President :—The undersigned, members of the com¬
mittee on elections and basis of representation, respectfully
ask permission to dissent from so much of the majority re- ,
port as pertains to the number of members composing each
house of the legislature, and here recommend that until the
year 1880 the number of Senators shall be twenty-five, and
the Representatives seventy-five, and that the apportionment
in each house shall be until said time as follows:

Lauderdale, Limestone and Morgan, one senator.

Colbert, Franklin and Lawrence, one senator.

Madison, one senator.

Jackson, DeKalb, Marshall and Cherokee, one senator.

Etowah, St. Clair, Calhoun and Cleburne, one senator.

Winston, Walker, Blount and Jefferson, one senator.

Marion, Sandford, Fayette and Tuskaloosa, one senator.

Pickens and Sumter, one senator.

Shelby, Bibb, Chilton and Coosa, one senator.

Talladega, Clay and Randolph, one senator.

Chambers and Lee, one senator.

Tallapoosa and Elmore, one senator.

Macon and Russell, one senator.

Montgomery, one senator.

Autauga and Lowndes, one senator.

Dallas, one senator.

Perry and Hale, one senator.

Marengo and Greene, one senator.

Barbour and Henry, one senator.

Bullock and Pike, one senator.

96

Dale, Coffee, Geneva, Covington and Crenshaw, one sena¬
tor.

Baldwin, Coneonh, Escambia and Monroe, one senator.

Batler and Wilcox, one senator.

Choctaw, Clarke and Washington, one senator.

Mobile, bne senator. ‘

The House of Bepresentatives as follows:

Autauga, Baldwin, Bibb, Blount, Bullock, Butler, Cham¬
bers, Calhoun, Cherokee, Coffee, Chilton, Choctaw, Clarke,
Clay, Cleburne, Colbert, Conecuh, Covington, Crenshaw, Coosa,
Dale, DeKalb, Elmore, Etowah, Escambia, Fayette, Franklin,
Greene, Geneva, Hale, Henry, Jackson, Jefferson, Lauderdale,
Lee, Limestone, Lawrence, Marengo, Marion, Macon, Mar¬
shall, Monroe, Morgan, Pike, Pickens, Bandolph, Bussell,
Sanford, Shelby, St. Clair, Talladega, Tallapoosa, Tuscaloosa,
Walker, Washington and Winston, shall have one Bepresent-
ative each ; and Barbour, Dallas, Lowndes, Madison, Mont¬
gomery, Perry, Sumter and Wilcox, shall have two Bepre¬
sentatives each; and Mobile shall have three Bepresenta¬
tives.

Thomas B. NeSmith,
William A. Musgrove,
William A. Smith,

J. D. Murphbee.

The Convention resumed the consideration of the report of
the committee on the legislative department.

Section forty was read, as follows:

Every order, resolution or vote to which the concurrence of
both houses may be necessary, except on the question of ad¬
journment, shall be presented to the Governor, and before it
shall take effect be approved by him, or being disapproved
shall be passed by two-thirds of both houses, according to the
rules and limitations presented in case of a bill.

On motion of Mr. Bather, the word “two-thirds” was
stricken out and “a majority” inserted.

On motion of Mr. Oates, the words “ and of bringing on
elections by the two houses ” were inserted after the word
“adjournment.”

On motion of Mr. Woolf, the words “ a majority of all the
members of both houses” were inserted after the word
“passed,” in lieu of “a majority of both houses.”

Mr. Herndon offered the following substitute:

Every order, vote or resolution to which the concurrence of
both houses may be necessary, (except questions of adjourn¬
ment and of bringing on elections by the two houses, and of

97

amending this constitution,) shall be presented to the Gov¬
ernor, and before it shall take effect be approved by him, or
being disapproved shall be repassed by both houses accord¬
ing to the rules and limitations prescribed in the case of a
bill.

On motion of Mr. Cobb, the substitute was laid on the
table.

The section, as amended, was adopted.

Section fortv-one was read, as follows:

No State office shall be continued or created for the inspec¬
tion or measuring of any merchandise, manufacture, or com¬
modity ; but any county *or municipality may appoint such
officers when authorized by law.

Mr. Livingston moved to strike out the section, which was
lost.

The section was adopted.

Section forty-two was read, as follows :

No law changing the location of the capitol of the State
shall be valid until the same shall have been submitted to the
qualified electors of the State at a general election, and ap¬
proved by them, and such law shall specify the proposed new
location.

Mr. Aiken moved to amend by striking out “ them ” and
inserting in lieu thereof “ a majority of those voting for rep¬
resentatives, and the result of said election shall be made
known by the Governor by proclamation within thirty days
after returns are made.”

Mr. Knox moved to lay the amendment on the table, which
motion was lost.

Mr. Cobb moved as an amendment to the amendment, to
insert “ a majority of such electors voting upon the same,”
which was accepted and the amendment waB adopted.

Mr. Manasco moved to strike out the section.

Mr. Lyon demanded the previous question, and the call
being sustained, the section, as amended, was adopted.

Sections 43, 44, 45, 46, 47, 48 and 49, were adopted, as fol¬
lows :

Seo. 43. A member of the General Assembly who shall cor¬
ruptly solicit, demand or receive, or consent to receive, direct¬
ly or indirectly, for himself or for another, from any company,
corporation or person, any money, office, appointment, em¬
ployment, reward, thing of value or enjoyment, or of personal
advantage, or promise thereof, for his vote or official
influence, or for withholding the same, or with an understand¬
ing, expressed or implied, that his vote or official action shall
be in any way influenced thereby, or who shall solicit or de-

7

98

mand any such money or other advantage, matter or thing
aforesaid, for another, as the consideration of his vote or offi¬
cial influence, or for withholding the same, or shall give or
withhold his vote or influence in consideration of the payment
or promise of such money, advantage, matter or thing to
another, shall be guilty of bribery within the meaning of this
constitution, and shall incur the disabilities provided thereby
for such offense, and such additional punishment as is or shall
be provided by law.

Seo. 44. Any person who shall, directly or indirectly, offer,
give or promise any money or thing of value, testimonial,
privilege or personal advantage to «ny executive or judicial
officer, or member of the General Assembly, to influence him
in the performance of any of his public or official duties,
shall be guilty of bribery, and be punished in such manner
as shall be provided by law.

Seo. 45. The offense of corrupt solicitation of members of
the General Assembly, or of public officers of this State, or of
any municipal division thereof, and any occupation or practice
of solicitation of such members or officers to influence their
official action, shall be defined by law, and shall be punished
by fine and imprisonment.

Seo. 46. A member of the General Assembly who has a
personal or private interest in any measure or bill, proposed
or pending before the General Assembly, shall disclose the
fact to the house of which he is a member, and shall not vote
thereon.

Sec. 47. In all elections by the General Assembly, the mem¬
bers shall vote viva voce, and the votes shall be entered on the
journals.

Seo. 48. It shall be the duty of the General Assembly to
pass such laws as may be necessary and proper to decide dif¬
ferences by arbitration, to be appointed by the parties who
may choose that mode of adjustment.

Sec. 49. It shall be the duty of the General Assembly, after
the adoption of this constitution, to make provision by law for
the revision, digesting, publication and distribution of all pub¬
lic statutes of this State, both civil and criminal; but not '
oftener than once in ten years.

Section fifty was read, as follows:

The General Assembly shall have power to pass such penal
laws as they may deem expedient to suppress the evil practice
of duelling.

Mr. Hargrove moved to strike out the section.

On motion of Mr. Bliss, the motion was laid on the table.

The section was then adopted.

99

Section fifty-one was adopted as follows:

It shall be the duty of the General Assembly to regulate
by law the cases in which deductions shall be made from the
salaries of public officers for neglect of duty in their official
capacities, and the amount of such deductions.

Section fifty-two was read, as follows:

No money shall be drawn from the treasury but in pursu¬
ance of an appropriation made by law; and a regular state¬
ment and account of receipts and expenditures of all public
moneys shall be published annually in such manner as may
be by law directed.

Mr. White moved to strike out all preceding the semicolon
and the word “and” following; which was lost.

The section was adopted.

Section fifty-three was adopted, as follows:

It shall be the duty of the General Assembly to make ade¬
quate provision in each county for the maintenance of the
poor of this State.

Section fifty-four was read, as follows:

Any citizen of this State who shall, after the adoption of
this constitution, either in or out of this State, fight a dnel
with deadly weapons, or send or accept a challenge so to do,
or act as a second, or knowingly aid or assist in any manner
those thus offending, shall be incapable of holding any offioe
under this State.

Mr. Powell of Bullock, moved to strike out “ either ” and
“ or out of.”

On motion of Mr. Davis, the motion was laid on the table.

Mr. Burns moved to strike out the section.

On motion of Mr. Flournoy, the motion was laid on the
table.

Mr. Powell ot Bullock, offered the following Amendment:
Amend by adding, Provided the General Assembly may by a
two-thirds vote of all the members present in each house, re¬
move the disabilities imposed by this section.

On motion of Mr. Garrett, the amendment was laid on the
table.

The section was adopted.

On motion of Mr. Cobb, the vote by which the convention
adopted section fifty-three was reconsidered, and the consid¬
eration of the section was postponed for the present.

On motion of Mr. Oates, the vote by which section forty-
nine was adopted was reconsidered.

Mr. Oates offered the following substitute for the section,
which was adopted:

It shall be the duty of the General Assembly, at its first

100

session after the ratification of this constitution, and within
every subsequent period of ten years, to make provision by
law for the revision, digesting and promulgation of the public
statutes of this State of a general nature, both civil and crim¬
inal.

The section, as amended, was adopted.

Sections 56 and 66 were adopted, as follows:

Sec. 66. The General Assembly shall not have power to au¬
thorize any municipal corporation to pass any laws contrary
to the general laws of the State.

Sec. 66. In the event of annexation of any foreign territory
to this State, the General Assembly shall enact laws extend¬
ing to the inhabitants of the acquired territory all the rights
and privileges which may be required by the terms of the ac¬
quisition, anything in this constitution to the contrary not¬
withstanding

On motion of Mr. Garrett, the convention adjourned until
10£ o’clock to-morrow.

SIXTEENTH DAY.

Thursday, September 23,1876.

The convention met pursuant to adjournment.

Prayer by Rev. Dr. Andrews of this city.

'On motion of Mr. Little, the reading of the journal was
dispensed with.

Mr. Richards, a proposition that all maimed Confederate
soldiers shall be exempt from the payment of poll tax. Re¬
ferred to committee on finance and taxation.

Mr. Nowlin, a resolution, that the head of each family shall
be allowed two thousand dollars worth of real and personal
property, and that the same shall be exempt from sale on ex¬
ecution. Referred to committee on exemptions.

THE GENERAL ORDER,

Which was the report of the committee on the legislative de¬
partment, then came up, the question being on the adoption
of section 67, which was read as follows:

The General Assembly shall not tax the property, real and
and personal, of the State, counties or other municipal cor¬
porations, or cemeteries; nor lots in incorporated cities or
towns, or within one mile of any city or town, to the extent of
one acre; and lots one mile or more distant from such cities

101

or towns, to the extent of five aores, with the buildings there¬
on, v\ hen the same are used exclusively for religious worship,
for schools, or for purposes purely charitable; nor such prop¬
erty, real or personal, to an extent not exceeding twenty-five
thousand dollars in value, as may be used exclusively for ag¬
ricultural or horticultural societies.

Mr. Woolf moved to strike out “and,” between “aore” and
“lots,” and insert “nor”; which was carried.

Mr. Powell of Tuskaloosa moved to strike out the section;
which was lost.

Mr. Aiken moved to strike out “or other municipal corpor¬
ations,” aDd insert “or” between “State” and “oounties”;
which was lost.

Mr. Samford moved to strike out “for schools”; which was
lost.

Mr. Booth moved to amend by inserting between “ceme¬
teries” and “nor lots” the following: The property, real and
personal, of State, counties, or other municipal corporations,
and cemeteries, shall be exempt from taxation ; which was
lost.

.. Mr. Powell of Tuscaloosa moved to strike out the last sen¬
tence, beginning with the words “nor such property.”

Mr. Langdon moved to lay the amendment on the table;
which was carried.

The section was then adopted.

Section 68 was read as follows :

The General Assembly shall by law prescribe such rules
and regulations as may be neoessary to ascertain the value of
personal property exempted from sale under legal process, by
this constitution, and to secure the same to the claimant there¬
of as selected.

Mr. Parks moved to amend by inserting “and real” between
the words “ personal ” and “ property”; whioh was adopted,
and the section, thus amended, was adopted.

Section 69 was adopted as follows:

The General Assembly shall have no power to authorize
any county, city, town, or other subdivision of this State to
lend its credit, or to grant public money or thing of value, in
aid of, or to, any individual, association or corporation what¬
soever, or to become a stockholder in any such corporation,
association or company, by issuing bonds or otherwise; Pro¬
vided, This provision shall not apply to any bonds already
issued.

Section 60 was read as follows:

The Governor, Secretary of State, Auditor. Treasurer, At¬
torney-General, Superintendent of Public Instruction, and

102

Jadges of the Supreme Court, may be removed from offiee
for willful neglect of duty, corruption in office, habitual drunk¬
enness, incompetency, 'or any offense involving moral turpi¬
tude while in office, pr committed under cover thereof, or con¬
nected therewith, by the Senate, sitting as a court for that
purpose, under oath or affirmation, on articles or charges pre¬
ferred by the House of Representatives.

Mr. Rice moved to amend by inserting after “ supreme
court” the words “chancellors, judges of the circuit court and
probate judges.”

Mr. Richards offered the following amendment to the amend¬
ment :

Amend by adding “and solicitors of circuits.”

Mr. Inzer moved to lay the amendment and the amendment
to the amendment on the table; which motion was carried.

Mr. Aiken offered the following amendment:

Amend by adding at end of section the following: And no
person shall be convicted under an impeachment without the
concurrence of a majority of all the Senators elected.

Mr. McClellan moved to lay the amendment on the table ;
which was carried.

Mr. Powell of Tuskaloosa moved to lay the section on the
table; which motion was lost.

The section was adopted.

Section 61 was read as follows:

The chancellors, judges of the circuit courts, judges of the
probate courts, and solicitors of the circuits, may be removed
from office for any of the causes specified in the pre¬
ceding section, by the supreme court, under such regulations
as may be prescribed by law.

Mr. Martin offered the following amendment:

Amend by inserting after the word “circuits” the words
“and judges of inferior courts, from which an appeal may be
taken directly to the supreme court.”

Mr. Oates moved to amend the amendment, by striking out
the words “from which an appeal may be taken directly to the
supreme court”, in lieu thereof; which was adopted.

The amendment, as amended, was adopted, and the section
thus amended was adopted.

Section 62 was read as follows:

The sheriffs, clerks of the circuit courts, tax collectors, tax
assessors, county treasurers, coroners, justices of the peace,
notaries public, constables, and all other county officers, may¬
ors and intendents of incorporated cities and towns in this
State, may be removed from office for any of the causes spe¬
cified in section 59 of this article, by the circuit court of the

103

county in which such officers hold their office, tinder such reg¬
ulations as may be prescribed by law; Provided, That the
right of trial by jury and appeal in such cases be secured.

Mr. Martin moved to amend by inserting after the word
“intendents” the words “and all other officers.”

On motion of Mr. Cobb, the amendment was laid on the
table.

Mr. Knox moved to amend by inserting after the word
“courts” the words “clerks of courts of record.”

On motion of Mr. Oates, the amendment was laid on the
table.

Mr. Burns moved to amend by striking out the words “the
circuit court of the county in which suoh officers hold their
office,” and insert in lieu the words “any chancellor or cirouit
judge.”

Mr. Cobb called the previous question, and the call being
sustained, the section was adopted.

Sections 63, 64 and 65 were adopted, as follows:

Sec. 63. The penalties in cases arising under the three pre¬
ceding sections shall not extend beyond removal from office,
and disqualification from holding office under the authority of
this State, for the term for which he was elected or appointed ;
but the accused shall be liable to indictment, trial and pun¬
ishment as prescribed by law.

Sec. 64. The General Assembly shall not pass any retro¬
spective law which destroys, impairs, or affects any vested or
existing rights or privileges, or the remedy for the enforcement
or defense thereof.

Sec. 65. It is made the duty of the General Assembly to
enact all laws necessary to give effect to the provisions of this
constitution.

Mr. Harrison offered the following additional section; which
was lost:

The General Assembly shall not have the power to author¬
ize any officer or tribunal to collect State or county taxes,
either general or speoial, except the duly qualified tax col¬
lectors. .

Mr. Cobb offered the following substitute for seotion 53, the
consideration of which had been postponed:

It shall be the duty of the General Assembly to require the
court of county commissioners of the several counties in this
State to make adequate provision for the maintenance of the
poor.

The substitute was adopted, and the section adopted.

Mr. Oates moved to reconsider the vote by which section 64
was adopted; whioh motion was carried.

104

Mr. Oates moved to strike out the following words: ‘‘or the
remedy for the enforcement or defense thereof,” and insert in
lieu thereof “nor reviving the right of action when the same
is barred by the statute of limitations.”

Mr. Green of Choctaw called for the previous question, and
the call was not sustained.

Mr. Cobb moved, as a substitute for the amendment, to
strike out the words “or affects” and insert the word “or” be¬
tween “destroys” and “impairs”; which was lost.

. Mr. Inzer moved to lay the amendment on the table ; which
was carried.

Mr. Little moved to strike out “or affects” and insert “or”
between “destroys” and “impairs;” which was adopted.

Mr. Hargrove moved to strike oat the section.

Mr. McClellan moved to lay the motion on the table; which
was carried.

The section was then adopted.

Mr. Oates offered the following as an additional section:

The General Assembly shall Dot pass any law : 1. Loca¬

ting or changing county seats. 2. Remitting fines, penalties
or forfeitures, or refunding money legally paid into the treas¬
ury. 8. Relieving any assessor or collector of taxes, or other
holder of public moneys, from the performance of their offi¬
cial duties, or them and their sureties from official liability.
4. Legalizing the unauthorized or invalid acts of any person,
court or officer, or giving effect to informal or invalid wills,
deeds or judgments.

On motion of Mr. Inzer, the amendment was laid upon the
table.

Mr. Woolf offered the following additional section :

In the event of a vacancy in the office of Senator of the
United States, during the recess of the General Assembly,
the Governor shall have power to fill such vacancy by ap¬
pointment, to continue until the next session of the General
Assembly.

On motion of Mr. Heflin, the amendment was laid upon the
table.

The Convention took a recess until 4 o’clock, p. m.

AFTERNOON SESSION.

The Convention assembled at the designated hour.

The Convention proceeded to the consideration of the
seventh section of the article reported by the committee on
the legislative department, the question being on the adoption

105

of the substitute of Mr. Lowe, as amended by the aceeptanoe
of the amendment of Mr. Pugh.

Mr. Harrison moved to amend the substitute by striking
out the words “as prescribed in the constitution,” and insert¬
ing the words “according to the number of inhabitants in
them respectively.”

On motion of Mr. Pugh, the further consideration of the
section and pending amendments was postponed until 11
o’clock to-morrow, and made the special order for that hour.

- On motion of Mr. O’Neal, the report of the committee on
the judicial department was taken from the table.

Sections 1, 2 and 3 were adopted as follows:

Sec. 1 . The judicial power of the State shall be vested in
the Senate, sitting as a court of impeachment, a supreme
court, circuit courts, chancery courts, courts of probate, such
inferior courts of law and equity, to consist of not more than
five members, as the General Assembly may from time to time
establish, and such persons as may be by law invested with
powers of a judicial nature.

Sec. 2. Except in cases otherwise directed in the constitu¬
tion,, the supreme court shall have appellate jurisdiction only,
which shall be co-extensive with the State, under"such re¬
strictions and regulations not repugnant to this constitution,
as may from time to time be prescribed by law; Provided,
That said court shall have power to issue writs of injunction,
habeas corpus, quo warranto, and such other remedial and orig¬
inal writs as may be necessary to give it a general superin¬
tendence and control of inferior jurisdictions.

Sec. 3. The supreme court shall be held at the seat of
government; but if that shall have become dangerous from
any cause, it may adjourn to a different place.

Section 4 was read as follows:

The State shall be divided by the General Assembly into
convenient circuits, not exceeding ten in number, unless an
increase shall be made by a vote of two-thirds of each house
of the General Assembly; and no circuit shall contain less
than three, nor more than twelve counties; and for each cir¬
cuit there shall be chosen a judge, who shall, at the time of
his election and during the time he continues in office, reside
in the circuit for which he is elected.

Mr. Inzer offered the following minority report as a substi¬
tute for the section:

The State shall be divided by the General Assembly into
convenient circuits, not to exceed eight in number, unless in¬
creased by a vote of two-thirds of the members of each house
of the General Assembly, and no circuit shall contain less than

106

three nor more than twelve counties, and for each circuit
there shall be chosen a judge, who shall, for one year preced¬
ing his election and during his continuance in office, reside
in the circuit for which he is elected.

Mr. McClellan moved to amend the substitute by inserting
the word “next” between the word “year” and “preceding;”
which was adopted.

Mr. Burns moved to strike out “for one year next preceding
his election andwhich was lost.

Mr. Garrett moved to amend the substitute by string out
“eight” with a view of inserting “nine.”

Mr. Inzer moved to lay the amendment on the table ; which
was carried.

The substitute was then adopted.

Mr. Rice moved to reconsider the vote by which the substi¬
tute was adopted.

On motion of Mr. O’Neal, the motion was laid upon the
table.

Mr. Oates moved to amend the section as amended by the
adoption of the substitute.

The President ruled the amendment out of order.

Mr. Lowe appealed from the decision of the chair, and the
question being: “Shall the decision of the chair be sus¬
tained ?” It was sustained—ayes 70, noes 10.

Section 5 was adopted as follows:

The circuit court shall have original jurisdiction in all mat¬
ters, civil and criminal, within the State, not otherwise ex¬
cepted in this constitution ; but in civil cases only, when the
matter or sum in controversy exceeds fifty dollars.

Section 6 was read as follows :

A circuit court shall be held in each county in the State, at
least twice in every year; and the judges of the several cir¬
cuits may hold courts for each other when they deem it expe¬
dient, and shall do so when directed by law; Provided, That
the judges of the several circuit courts shall have power to
issue writs of injunction, returnable into courts of chancery.

Mr. Burns moved to amend by striking out “they” and in¬
serting “two of them.”

On motion of Mr. Knox, the amendment was laid upon the
table.

Section 7 was read as follows :

The General Assembly shall have power to establish a
court or courts of chancery, with original and appellate juris¬
diction. The State shall be divided by the General Assembly
into convenient chancery divisions, not exceeding three in
number, unless an increase shall be made by a vote of two-

107

thirds of each hon9e of the General Assembly; and the divis¬
ions shall be divided into districts, and for each division there
shall be a chancellor, who shall, after his election or appoint¬
ment, reside in the division for which he shall have been
elected or appointed.

Mr. Oates moved to amend by inserting the words “at the
time of, and” between the words “shall” and “after which
was adopted.

Mr. Oates offered the following substitute :

That at the expiration of the term of office of the five chan¬
cellors now in office, there shall no longer be a separate chan¬
cery court in this State, and thereupon it shall be the duty of
the General Assembly to provide by law for the judges of the
circuits to have and exercise equity jurisdiction in all cases,
as fully and completely as the said chancellors are now em¬
powered to do; Provided, That the same general forms of
pleading in equity cases, as are now provided for by law,
shall be retained.

Mr. Stone moved to lay the substitute on the table; which
motion was carried.

Mr. Willett offered the following amendment: Amend by
striking out “districts” and inserting “as many districts as
there are counties in such division.”

Mr. Lowe moved to lay the amendment upon the table;
which was carried.

Mr. Lowe moved to amend by striking out the words “un¬
less an increase shall be made by a vote of two-thirds of each
house of the General Assembly.”

On motion of Mr. Little, the amendment was laid upon the
table—ayes 57, noes 29.

Mr. Coleman offered the following amendment: After the
word “divided” insert “into convenient districts;” so as to
provide that no district shall contain more than three coun¬
ties, and that each county containing seventeen thousand in¬
habitants shall form a separate district.

Mr. McClellan moved to lay the amendment on the table;
which was carried.

Mr. Murphree moved to amend by inserting after “ Assem¬
bly” the words “which shall never exceed five.”

On motion of Mr. Heflin the amendment was laid on the
table.

Mr. Davis offered the following amendment: Amend by
adding after the word “Assembly” where it last occurs,
“ taken by yeas and nays and entered upon the journal.”

The amendment was adopted.

Mr. Stone offered the following substitute: The General

108

Assembly shall have power to establish a oourt or courts of
chancery with original and appellate jurisdiction. The State
shall be divided by the General Assemble into convenient
chancery divisions and the divisions into districts, and for
each division there shall be a chancellor, who shall after his
election or appointment, reside in the division for which he
shall have been elected or appointed. A chancery oourt shall
be held in each county at a place to be fixed by law, aud the
chancellors may hold courts for each other, when they deem
it expedient.

On motion of Mr. Bliss, the substitute, was laid on the
table.

Mr. Powell of Bullock, offered an amendment to strike out
“two-thirds” and insert “four-fifths.”

Mr. Moren demanded the previous question, and the call
being sustained the section was adopted.

Mr. Powell of Tuskaloosa, gave notice of a rule that no
member shall speak longer than ten minutes, nor more than
once on any one question, unless by leave of the Conven¬
tion.

Mr. Samford gave notice of a similar rule, limiting debate
to five minutes.

Section 8 was read as follows:

A chancery court shall be held in each district, at a place
to be fixed by law. at least twice in each year ; and the chan¬
cellors may hold courts for each other, when they deem it ex¬
pedient.

Mr. White moved to strike out “district” and insert
“county.”

Pendiog which, on motion of Mr. O’Neal, the Convention
adjourned until 10 o’clock to-morrow.

SEVENTEENTH DAY.

Friday, Sept. 24, 1875.

Convention met pursuant to adjournment.

Prayer by Rev. Dr. Andrews, or this city.

On motion of Mr. Sykes, the reading of the journal was
dispensed with.

Mr. Burrell Johnston appeared in the Hall, was qualified
and took his seat as delegate from Hale oounty.

The Convention proceeded to the consideration of the
rule proposed by Mr. Powell, of Tuscaloosa, in relation to
debate.

Mr. Samford moved to strike out “ten” and insert “five.”

109

Mr. Rice moved to lay the resolution and amendment on
the table; which was lost.

Mr. Rice moved to postpone the further consideration of
the resolution and amendment until 12 o’clock to-morrow;
which was lost.

The amendment was then adopted.

Mr. Powell of Bullock, offered the following substitute: No
member shall speak more than once on the same subject, un¬
til all who desire to do so shall have spoken, and no member
shall speak twice on the same subject unless by leave of the
Convention, except chairmen of committees, who shall be en¬
titled to close the debate upon their several reports.

Mr. Oates moved to strike out of - the substitute the words
“until all who desire to do so shall have spoken.”

Mr. Brown moved to lay the substitute and amendment on
the table; which was carried and the resolution, as amended,
was adopted.

The Convention proceeded to the consideration of the re¬
port of the committee on finance and taxation.

Section 3 was read as follows:

The State shall never engage in works of internal improve¬
ments, nor lend its credit in aid of such; nor shall the State
be interested in, or lend money or its credit in aid of, any in¬
dividual, association or corporation, for any purposes what¬
soever.

Mr. Sykes offered the following amendment, which was
adopted:

Amend in the first line by inserting, between the words
“lend” and “its,” the words “money orand further amend
by striking out all of said section after the words “interested
in,” and inserting therefor “any private or corporate enter¬
prise, or lend money or credit to any individual, association
or incorporation.”

The section, thus amended, was adopted.

Section 5 was read as follows:

After the adoption of this Constitution, no debt shall be
created against, or incurred by, this State or its authority, ex¬
cept to repel invasion or suppress insurrection, and then only
by a concurrence of two-thirds of each house of the General
Assembly, and the vote shall be taken by yeas and nays and
entered on the journals; and any act creating or incurring
any debt against this State, except as herein provided for,
shall be absolutely void ; Provided, the Governor may be au¬
thorized to negotiate temporary loans, never tq exceed one
hundred thousand dollars, to meet deficiencies in the treas¬
ury ; and until the same is paid no new loan shall be nego¬
tiated.

110

Mr. Hargrove offered the following amendment: After “in¬
surrection” insert the words: "or to relieve the people of this
State in case of some great public calamity.” The amend¬
ment was lost.

The question recurred upon the substitute or amendment
of Mr. Oates, offered on Friday, the 17th, to said section.

On motion of Mr. Sykes the amendment was laid on the
table ; ayes 76, noes 13.

Those who voted yea are—

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss,
Bolling, Brewer, Brown, Burgess, Burns, Burton, Calloway,
Coleman, Dickinson, Flournoy, Forwood, Foster of Bar¬
bour, Garrett, Gibson, Gilbreath, Green of Choctaw, Green
of Conecuh, Gullett, Hames, Hargrove, Harrison, Heflin,
Herndon, Hudson, Ingle, Inzer, Johnson of Macon, Jones,
Kelly, Langdon, Lea of Baldwin, Lea of Dallas.JLittle, Long,
Lyon, Manasco, Martin, McClellan, Meadows, Moren, Mudd,
Murphree, NeSmith, Nisbett, Norwood, Nowlen, O’Bannon,
O’Neal, Parks, Pickett, Powell of Bullock, Powell of Tusca¬
loosa, Pugh, Ralls, Rather, Richards, Robinson, Smith, Ster-
rett, Stone, Swan, Sykes, Taylor, Torrey, Weathers; White,
Willett and Woolf—76.

Those who voted nay, are—

Messrs. Booth, Bulger, Carson, Curtis, Delbridge, Foster
of Hale, Knox, Lewis, Livingston, Lowe, Oates, Plowman
and Rice—13.

Mr. Sykes offered the following amendment, which was
adopted:

Provided further, this section shall not be construed so as
to prevent the issuance of bonds in adjustment of existing
State indebtedness.

Mr. Rice moved to insert the word “new” between the
words “no” and "debt,” and the words “any” and “debt,”
which was adopted.

Mr. Parks moved to reconsider the vote just taken.

On motion of Mr. Lowe, the motion was laid upon the
table.

The section, as amended, was adopted.

Mr. Harrison offered the following amendment as an addi¬
tional section:

No tax shall be levied upon persons or property to pay the
interest w principal of any bonds, direct or endorsed, which
have been or may hereafter be issued in aid of any rail road
corporation. Provided the General Assembly shall, at its first
session after the ratification of this Constitution, transfer by
appropriate legislation to the holders of said bonds all collat-

Ill

erals held by the State for her pretended endorsement of the
same.

Mr. Hargrove moved to lay the amendment on the table,
which motion was carried.

Section 6 was read as follows:

Sec. 6. The General Assembly shall not have the power to
levy, in any one year, a greater rale of taxation than three-
fourths of one per cent, on the value of the property of this
State.

On motion of Mr. Sykes, the word “taxable” was inserted
after the words “value of,” and the word “within” was inserted
in lieu of the word.“of,” where it last occurs.

Mr. Moren offered the following amendment:

Amend by adding “Provided, that after the expiration of
five years from the adoption of this constitution, a greater
rate of taxation than one-half of one per cent, shall not be
levied by the General Assembly.”

Mr. Burns moved to amend the amendment by striking out
“five” and inserting “one.”

On motion of Mr. Moren, the amendment to the amendment
was laid upon the table.

The amendment was adopted.

The section, as amended, was adopted.

Mr. Prince offered the following amendment as an independ¬
ent section:

No State or county license for the purpose of engaging in
or carrying on any useful trade or occupation, shall be re¬
quired of any citizen of this State; Provided, The General
Assembly shall have power to authorize the issue of retail li¬
cense or police regulations, promotive of the peace, good or¬
der, comfort and decency of the community.

Mr. Sykes moved to lay the amendmeut on the table ; which
was carried—ayes 60, noes 34.

The 7th section was read as follows :

No county in this State shall be authorized to levy a larger
rate of taxation, in any one year, on the value of the property
thereof, than one-half of one per cent. ; Provided, That to
pay debts existing at the adoption of this constitution, an ad¬
ditional rate of one-fourth of one per cent, may be levied and
collected, which shall be exclusively appropriated to the pay¬
ment of such debt or the interest thereon.

On motion of Mr. Sykes, the word “taxable” was inserted
between the words “the” and “property,” and the word “there¬
of” stricken out and the word “therein” inserted in lieu
thereof.

Mr. Sykes offered the following amendment:

112

Provided further, That to pay any debt or liability now ex¬
isting against any county, incurred for the erection of the
necessary public buildings or other ordinary county purposes,
or that may hereafter be created for the erection of necessary
public buildings, any county may levy and collect such spe¬
cial taxes as may have been or may hereafter be authorized
by the General Assembly, which taxes so levied and collected
shall be applied exclusively to the purposes for which the
same shall have been levied and collected.

Mr. Stone moved to amend the amendment by striking out
the words “ or other ordinary county purposes,” which was
lost.

Mr. Pickett moved to amend the amendment by inserting
after the word “ buildings,” where it occurs the second time,
the words “ or bridges,” which was adopted.

Mr. NeSmith offered the following amendment to the
amendment, which was lost:

Provided, To pay for new court houses and jails, not ex¬
ceeding one-half of one per centum, an additional tax shall
be levied and collected.

The amendment was adopted.

Mr. Oates offered the following as a substitute for the
proviso:

That nothing herein contained shall prevent the levy of
such additional tax as may be necessary to pay any legal
debts or liabilities existing against any county at the ratifica¬
tion of this constitution.

On motion of Mr. Richards, the substitute was laid on the
table.

Mr. Rice offered the following amendment, which was lost;

Provided, however, That nothing contained in this section
shall be so construed as to impair the obligation of any con¬
tract existing at the adoption of this constitution.

The section, as amended, was adopted.

Mr. Swan offered the following amendment as an independ¬
ent section:

The General Assembly shall have no power to exempt any
property from taxation, either personal or real, whether be¬
longing to individuals, corporations or railroads, except as
otherwise provided for in this constitution.

On motion of Mr. Cobb, the word “private” was inserted
before the word "corporations.”

On motion of Mr. Sykes, the amendment was laid on the
table.

Mr. Samford offered the following amendment as an inde¬
pendent section, which was adopted :

113

The property of corporations, associations and individnals
of this State; shall forever be taxed at the rate of taxation,
Provided, This section shall not apply to institutions or enter¬
prises devoted exclusively to religious, educational or charit¬
able purposes.

The eighth section was read, as follows :

No city, town or municipal corporation, other than pro¬
vided for in this article, shall levy or collect a larger rate of
taxation, in any one year, on the taxable property therein,
than ODe-half of one per centum of the value of such proper¬
ty, as assessed for State taxation during the preceding year;
Provided, for the payment of debts existing at the time of the
adoption of this constitution, and the interest thereon, an ad¬
ditional rate of one and one-half per centum may be col¬
lected, to be applied exclusively to such indebtedness; Pro¬
vided, this section shall not apply to the city of Mobile, which
city may levy - to pay the expenses of the city govern¬
ment, and-to pay the present indebtedness and in¬

terest thereon.

On motion of Mr. Oates, the word “ that ” was inserted
after “ provided !> where it first occurs, and the word “ adop¬
tion ” was stricken out and the word “ ratification ” inserted
in lieu thereof.

On motion of Mr. Oobb, the words “ and one-half ” were
stricken out.

Mr. Eice proposed the same amendment to .this section,
which he proposed to the seventh section, which was lost.

Mr. Brewer offered the following amendment for the pur¬
pose of filling the blanks relative to Mobile county.

And provided, this section shall not apply to the city of
Mobile, which city may, until the first day of January, 1879,
levy a tax not to exceed the rate of one per centum, and from
and after that time a tax not to exceed the rate of three-
fourths of one per centum to pay the expenses of the city
government, and may also, until the first day of January, 1879,
levy a tax not to exceed the rate of one per centum, and from
and after that time a tax not to exceed three-fourths of one
per centum to pay the existing indebtedness of said city and
the interest thereon.

The amendment was adopted. '

The seotion, as amended, was adopted.

On motion of Mr. Powell of Tuscaloosa, section nine, relat¬
ing to the per diem and mileage of members of the General
Assembly, was stricken out, as the same thing is provided for
in the legislative department article.

8

114

The tenth section was read, as follows:

At the first session of the General Assembly after the
adoption of this constitution, the salaries of State officers, as
now existing, shall be reduced at least 25 per centum, and
after said reduction the General Assembly shall not have
power to increase the same, except by a vote of two-thirds of
the members of each house, taken by yeas and nays and en¬
tered on the journals; Provided, The pay of no officer of this
State shall be changed during the time for which he was
elected or appointed.

Mr. Pickett moved to strike out the section, which was lost.

Yeas 43, nays 51.

Those who voted aye are—

Messrs. President, Algood, Battle, Bolling, Brewer, Burns,
Cobb, Coleman, Dickinson, Flournoy, Foster of Barbour,
Gamble, Gilbreath, Gordon, Green of Conecuh, Hargrove,
Harrison, Hudson, Herndon, Johnson of Hale, Johnson of
Macon, Jones, Langdon, Lea of Baldwin, Lea of Dallas, Little,
Lyon, McClellan, Mudd, Nisbett, Oates, O’Banuon, O’Neal,
Parks, Pickett, Powell of Bullock, Prince, Pugh, Bobiuson,
Samford, Torrey. Willett and Woolf—43.

Those who voted nay are—

Messrs. Aiken, Akers, Bliss, Booth, Brown, Burgess, Burton,
Callaway, Carson, Curtis, Davis, Delbridge, Forwood, Foster
of Hale, Garrett, Gibson, Green of Choctaw, Gullett, Hames,
Heflin, Ingle, Inzer, Kelly, Knox, Laird, Lewis, Livingston,
Long, Lowe, Manasco, Martin, Meadows, Moren, Murphree,
Musgrove, NeSmith, Norwood, Nowleo, Plowman. Powell of
Tuscaloosa, Balls, Bather, Bice, Bichards, Smith, Sterrett,
Stone, Swan, Sykes, Taylor, White and Weathers—52.

Mr. White offered the following amendment to the section :
Strike out all down to and including the words “ twenty-five
per centum,” and insert in lieu thereof, “at the first session
of the General Assembly after the ratification of this consti¬
tution, the salaries of the following officers and employes
shall be reduced at least 25 per centum, viz : Governor, Sec¬
retary of State, State Auditor, State Treasurer, Superintend¬
ent of Public Instruction, Judges of the Supreme Court, Cir¬
cuit Judges and Chancellors, and all attaches employed about
the offices of any of said officers.

Mr. Balls moved to amend by striking out “ and all attaches
employed about the offices of any of said officers,” which was
accepted.

Mr. Cobb moved to strike out “ 25 per centum ” and insert
“ 33^ per centum.”

115

On motion of Mr. Martin, the amendment was laid on the
table. Ayes 50, noes :J6.

Mr. Cobb moved to amend by striking out “ judges of the
supreme court, circuit judges and chancellors.”

Mr. Bather moved to lay the amendment to the amend¬
ment on the table. The motion was carried; ayes 57, noes 34.

Mr. Mudd moved to amend by striking out “ judges of the
supreme court.”

Mr. Garrett moved to lay the amendment on the table,
which motion was lost; ayes 4(5, noes 46.

The convention took a recess until 4 o’clock, p. m.

AFTERNOON SESSION.

The Convention assembled at the appointed hour.

The consideration of the report of the committee on finance
and taxation was resumed, the question being on Mr. Mudd’s
amendment to Mr. White’s amendment to section ten, which
was to strike out supreme court judges.

The amendment was lost.

Mr. Mudd moved to amend by striking out “two-thirds of
the members of,” and inserting “ a majority of all the mem¬
bers elected to”; which was accepted.

Mr. Lea of Dallas offered the following amendment to the
amendment: Provided, That all such salaries of officers shall
be paid in gold coin or its equivalent.

On motion of Mr. Rather, the amendment was laid on the
table.

Mr. Hargrove offered the following amendment to the
amendment: And provided further, That no officer of this
State shall employ any clerk or other assistant, at the ex¬
pense of the State, except when authorized to do so by act of
the General Assembly.

Mr. Garrett moved to lay the amendment on the table;
which was carried.

Mr. Rice moved to strike out “a majority” and insert “two-
thirds.”

Mr. Sykes moved to lay the amendment on the table; which
motion was carried.

Mr. Livingston moved to reconsider the vote just taken.

On motion of Mr. Powell of Tuscaloosa, the motion was
laid on the table.

Mr. Harrison offered the following amendment to the amend¬
ment : Insert after “chancellors” the words “and all other

116

officers, both State and county, except sheriffs, clerks cf the
circuit courts, justices of the peace, and constables.”

On motion of Mr. Coleman, the amendment was laid upon
the table.

Mr. Aiken offered the following amendment: Strike out the
proviso, and insert in lieu thereof, Provided, This section shall
not apply to any of aid officers now in office; which amend¬
ment was accepted.

Mr. Rice moved to strike out “a majority” and insert “three-
fifths”; which was adopted.

Mr. Cobb moved to strike out all of said amendment which
conferred any power upon the General Assembly to increase
the salaries; which was lost.

Mr. Garrett moved to reconsider the vote by which the com¬
mittee adopted Mr. Rice’s amendment.

The motion to reconsider was carried—ayes 55, noes 33.

On motion of Mr. Garrett, the amendment was laid upon
the table.

Mr. Rice moved to amend by inserting after the word “As¬
sembly” the word “elected.”

On motion of Mr. Garrett, the amendment to the amend¬
ment was laid on the table.

Mr. Heflin moved to lay the amendment of Mr. White on
the table; which motion was lost.

The amendment was then adopted.

Mr. Aiken moved to amend by inserting after the word
“salaries” the words “as now established by law.”

Mr. Foster of Barbour moved to lay the amendment on the
table; which was carried.

Mr. Bliss moved to amend by inserting ‘ afterwards” before
“elected.”

• On motion of Mr. Foster of Barbour, the amendment was
laid upon the table.

The section, as amended, was then adopted—ayes 69,
noes 21.

Those who voted yea are—

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss,
Bolling, Brown, Booth, Burgess, Burton, Callaway, Cobb,
Davis, Delbridge, Dickinson, Forwood, Foster of Barbour,
Foster of Hale, Gamble, Garrett, Gibson, Gordon, Green of
Choctaw, Green of Conecuh, Gullett, Hames, Heflin, Hud¬
son, Ingle, Inzer, Johnson of Hale, Jones, Kelly, Laird, Lea
of Dallas, Long, Manasco, Martin, Meadows, Moren, Mudd,
Murphree, Musgrove, NeSmith, Norwood, Nowlen, O’Neal,
Parks, Pickett, Powell of Tuscaloosa, Prince, Pugh, Ralls,
Rather, Richards, Robinson, Samford, Smith, Sterrett, Stone,

117

Swan, Sykes, Taylor, Torrey, Weathers, White, and Willett
—69.

Those who voted nay are —

Messrs. Brewer, Barns, Coleman, Flournoy, Gilbreath, Har¬
grove, Harrison, Herndon, Langdon, Lea of Baldwin, Little,
LivingBton, Lowe, Lyon, McClellan, Oates, Plowman, Powell
of Bollock, Rice and Woolf—21.

Mr. Samford offered the following amendment as an inde¬
pendent section:

That the General Assembly shall not have the power to re¬
quire the counties or other municipal corporations to pay any
charges which are now payable out of the State Treasury.

The amendment was adopted.

The article was then referred to the committee on the or¬
der, harmony and consistency of the whole constitution.

Mr. Foster of Barbour moved to reconsider the vote by
which the Convention on yesterday adopted section 64 of the
report of the committee on the legislative department.

Mr. Oates moved to postpone the consideration of the mo¬
tion to reconsider until L1 o’clock to-morrow; which was lost.

The motion to reconsider was carried.

Mr. Pugh offered the following as a substitute for the sec-
tion :

There can be no law of this State impairing the obligation
of contracts, by destroying or impairing the remedy for their
enforcement, and the General Assembly shall have no power
to revive any right or remedy which may have become barred
by lapse of time or by any statute of this State.

Mr. Rice moved to amend the section by adding: Provided,
however, That nothing herein contained shall authorize any
suit whatever against the State of Alabama; which was lost.

Mr. Rice moved to postpone the consideration of the mat¬
ter until 12 o’clock to-morrow ; which was loBt.

The substitute was adopted.

Mr. Woolf moved to reconsider the vote by which the Con¬
vention yesterday adopted section 62 of the report of the
committee on the legislative department; whioh motion was

carried. . „

Mr. Woolf moved to amend by inserting between ‘ circuit
and “court” the words “city or oriminal”; which was carried.

The section, as amended, was then adopted.

Mr. Oates moved to reconsider the vote by which the Con¬
vention on yesterday adopted section 61 of the report of the
committee on the legislative department; which was carried.

On motion of Mr. Oates, the words “and inferior courts of
record ” were stricken out, and the words “from ^hich an ap-

118

peal may be taken directly to the supreme court” inserted in
lieu thereof.

The section, as amended, was adopted.

On motion of Mr. Herndon, the vote by which the Conven¬
tion on yesterday adopted section 53 of the report of the com¬
mittee on the legislative department, was reconsidered.

Mr. Herndon offered the following substitute; which was
adopted:

It shall be the duty of the General Assembly to require the
several counties of the State to make adequate provision for
the maintenance of the poor.

On motion of Mr. White, the Convention adjourned until
9 o’clock to-morrow.

EIGHTEENTH DAT.

Saturday, September 25, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Callaway of the Convention.

On motion of Mr. Moren, the reading of the Journal was
dispensed with.

Mr. Pugh moved that the president be authorized to ap¬
point the chairman of the committee on militia, [Mr. Battle]
and Mr. Woolf on the committee on the order, consistency
and harmony of the whole constitution; which was carried.

Mr. Battle moved to reconsider the vote by which the Con¬
vention adopted section 57 of the report of the committee on
the legislative department.

Mr. Willett moved to lay the motion to reconsider on the
table; which was carried.

Mr. Gibson, a resolution that there shall be two separate
propositions on exemptions submitted to the people: number
one to embrace what is now exempt under the present consti¬
tution, and number two to exempt to the head of eaoh family,
from sale under execution, five hundred dollars worth of prop¬
erty, real or personal, or mixed, at the option of those claim¬
ing the exemption, and that the right to waive exemption, as
reported by the committee on exemptions, be stricken out.

Referred to committee on exemptions.

Mr. Cobb, from the committee on contested elections, sub¬
mitted a report upon the matter of the petition of John S.
Simpson, claiming a seat in the Convention as a delegate
from Lawrence county.

The committee report in favor of the sitting delegate, Hon.
Charles Gibson.

119

On motion of Mr. Rice, the consideration of the report was
postponed until 12 o’clock Monday.

The motion of Mr. Oates to reconsider the vote by which
section 1 of the report of the commitee on the judicial de¬
partment was adopted with a view to amend by striking out
the words “chancery courts, and courts of probate,” and mak¬
ing the section read as in the constitutions of 1819 and 1865,
came up.

Mr. Coleman moved to lay the motion upon the table,
which was carried.

Mr. Burns moved to reconsider the vote by which Mr.
Prince’s amendment, as an independent section, to the report
of the committee on finance and taxation, was laid on the
table yesterday.

On motion of Mr. Rather, the motion was laid on the
table.

The Convention proceeded to the consideration of the re¬
port of the committee on the judicial department, the ques¬
tion being on the amendment of Mr. Coleman to the 8th
section.

The amendment was lost.

Mr. Powell of Tuscaloosa, moved to amend by adding at
the end of the section, “and in ail trials in said courts either
party may demand a trial by jury of any issue of faot under
such regulations as may be prescribed by law.”

On motion of Mr. Richards, the amendment was laid on
the table.

At the hour of 0 o’clock the special order came up, it be¬
ing section 7 of the report of the committee on the legislative
department.

Mr. Foster of Barbour, moved to postpone the considera¬
tion of the special order for the purpose of continuing the
consideration of the report of the committee on the judicial
department, which was lost.

Mr. Garrett moved to suspend the consideration of the
special order for the purpose of taking up the majority and
minority reports of the committee on elections and basis of
representation, which motion was carried.

Mr. Garrett moved to substitute the minority report for
sections 7 and 8 of the majority report,

Mr. Harrison moved to strike out “Lee* where it last oc-
curs in the minority report and insert Sumter, and'strike out
“Sumter” where it occurs and insert Lee.

Mr. Lyon demanded the previous question and the call was
not sustained.

120

Mr. Brown moved to lay the substitute and amendment
upon the table, which was carried; ayes 55, noes 35.

The question recurred upon the adoption of the majority
report.

Mr. O’Neal moved to strike out “Lauderdale” where it oc¬
curs in the 7th section and insert Lawrence; which was lost.

Mr. Powell of Tuscaloosa, moved to strike out the word
“Bibb,” where it occurs in the 8th section and insert “Fay¬
ette.”

On motion of Mr. Stone, the amendment was laid upon the
table.

Mr. Powell of Bollock, moved to amend 7th section by
striking oat all after the word “provided,” and insert the fol¬
lowing : “The apportionment of Representatives among the
several counties shall continue as now existing, which amend¬
ment was lost.

Mr. Knox moved to strike out “Jefferson” in the 7th sec¬
tion and insert it after the word “Henry.”

On motion of Mr. Martin, the amendment was laid on the
table.

Mr. Knox moved to strike out “Pike,” and insert it between
“Marshall” and “Randolph.”

Mr. Oates moved to lay the amendment on the table, which
was carried.

Mr. Sterrett moved to strike out “Walker” in the 8th sec¬
tion, and insert “Bibb.”

On motion of Mr. Hargrove the amendment was laid upon
the table.

The report of the majdrity of the committee was con¬
curred in.

The article was referred to the committee on the order,
consistency and harmony of the whole constitution.

On motion of Mr. Little, the 7th section of the report of
the committee on the legislative department was taken up.

The section was then adopted, and the article was referred
to the committee on the order, consistency and harmony of
the whole constitution. < V

On motion of Mr. Oates, the Convention resumed the con¬
sideration of the report of the committee on the judicial de¬
partment, the question being upon the amendment to strike
out “districts” in the 8th section, and insert “county.”

On motion of Mr. Oates, the amendment was laid upon the
table.

Mr. Cobb moved to amend by striking out “twice” and in¬
serting “one,” which was adopted.

The section, as amended, was then adopted.

121

Section 9 was read as follows:

The General Assembly shall have power to establish in
eaoh county within the State a court of probate, with general
jurisdiction for the granting of letters testamentary and of
administration, and for orphans’ business.

Mr. Swan moved to amend by adding, “apd also such other
duties as may be conferred upon said court by statute.”

On motion of Mr. Oates, the amendment was laid on the
table.

Mr. Cobb moved to amend by inserting between the words
“testamentary” and “and” the following words: “and for the
sale and distribution of real estate.”

Mr. Hargrove moved to lay the amendment on the table;
which was carried.

Mr. McClellan moved to adjourn until Monday morning at
11 o’clock ; which was lost.

Mr. Brown moved to take a recess until 3 p. m.; which ip as
lost.

The 9th section was then adopted.

Section 10 was adopted as follows:

The judges of the supreme court, circuit courts and courts
of chancery shall, at stated times, receive for their services a
compensation, which shall not be diminished during their
continuance in office ; but they shall receive no fees or per¬
quisites, nor hold any office (except judicial offices) of profit
or trust under this >tate, or the United States, during the
term for which they have been elected, nor under any other
power, during their continuance in office.

Section 11 was read: <

The supreme court shall consist of a chief justice, and such
number of associate justices as may be prescribed by law.

Mr. Garrett moved to amend the section by adding the
words “not exceeding two.”

On motion of Mr. Oates, the amendment was tabled.

The section was adopted.

Section 12 was read as follows:

The chief justice and associate justices of the supreme
court, judges of the circuit courts, probate courts and chan¬
cellors, shall be elected by the qualified electors of the State,
circuits, counties, and chancery divisions for which such
courts may be established, at such times as may be prescribed
by law.

Mr. NeSmith offered the following amendment: Add after
the word “chancellors,” in the second line, the woids a so¬
licitor for each judicial circuit, except for the circuit in which
the capitol shall be situated,” and add, at the end of the sec-

122

tion, “Provided, That no election for solicitors shall be held
before the general election in 1876.”

Mr. Oates moved to lay the amendment on the table; which
was carried—ayes 52, noes 33.

Those who voted yea are—

Messrs. President, Aiken, Allgood, Battle, Bolling, Brewer,
Brown, Burgess, Burns, Burton, Cobb, Coleman, Dickinson,
Forwood, Foster of Barbour, Gamble, Gibson. Garrett, Gil¬
breath, Gordon, Gullett, Hames, Hargrove, Harrison, Heflin,
Herndon, Johnson of Macon, Jones, Kelly, Laugdon, Lea of
Baldwin, LyoD, Martin, Murphree, Norwood, Nowlen, Oates,
O’Bannon, O’Neal, Pickett, Pugh, Kalis, Rather, Scott, Smith,
Sterrett, Stone, Swan, Sykes, White, Willett and Woolf—52.

Those who voted nay are—

Messrs. Akers, Bliss, Curtis, Davis, Delbridge, Flournoy,
Foster of Hale, Green of Choctaw, Green of Conecuh, Hud-
eop, Ingle, Knox, Laird, Lewis, Long, Manasoo, Meadows,
Moren, Mudd, Musgrove, NeSmith, Parks, Plowman, Powell
of Bullock, Powell of Tuscaloosa, Prince, Rice, Richards,
Robinson, Samford, Taylor and Torrey—33.

On motion of Mr. Moren, the Convention adjourned until
11 o’clock Monday.

NINETEENTH DAY.

Monday, September 27, 1875.

The Convention met pursuant to adjournment.

Prayer by the Rev. Mr. Richards of the Convention.

The Convention resumed the consideration of the reports
submitted by the committee of the judicial department.
Section under consideration being the twelfth.

Mr. Hames offered the following substitute for the section :

The ohief justice and associate justices of the supreme
court, and chancellors, shall be elected by the members of the
General Assembly by joint ballot, and judges of the probate
and circuit courts shall be elected by the qualified electors of
the circuits and counties for whioh such courts may be estab¬
lished and at such times as may be prescribed by law.

On motion of Mr. Flournoy, the substitute was laid on the
table.

Mr. Lewis moved to amend by inserting the words “sheriffs”
between the words “courts” and “andwhich was lost.

Mr. Burns moved to amend by adding after the word
“courts” the words “county solicitors.”

123

On motion of Mr. Oates, the amendment was laid on the

table.

a ^ r ‘ ,p c * we ^ Bullock moved to amend by inserting after
court the words “shall be nominated by the Governor, and
confirmed by the Senate and the.”

On motion of Mr. Manasco, the amendment was laid on
the table.

Mr. ^Knox moved to amend by inserting after “probate
courts” the words “a solicitor for each circuit.”

On motion of Mr. Murphree, the amendment was laid on
the table.

Mr. Burton moved to amend by adding after “probate
courts” the words “Attorney Generalwhich was lost.

The twelfth section was then adopted.

The thirteenth section was read as follows:

Sec. 13. The judges of such inferior courts of law and
equity as may be by law established, shall be elected or ap¬
pointed in such mode as the General Assembly may pre¬
scribe.

Mr. Knox moved to amend by adding after the word
“elected,” the words “by the qualified electors of the county
for which courts may be established,” and by striking out all
after elected.

On motion of Mr. Foster of Barbour, the amendment was
laid on the table.

Mr. Burns moved to strike out “or appointed.”

On motion of Mr. Oates, the amendment was laid on the
table.

The thirteenth section was then adopted.

The fourteenth section was read as follows:

Sec. 14. The judges of the supreme court, circuit oourts,
and chancellors, and the judges of city courts, shall be citi¬
zens of the United States, and of this State, for five years
next preceding their election or appointment, not less than
thirty years of age, and shall be learned in the law.

Mr. McClellan moved to amend by striking out “thirty”
and inserting “twenty-five;” which was lost.

The section was then adopted.

The fifteenth section was read as follows:

Sec. 15. The judges of the several courts of this 8tate
shall hold office for the term of six years, aDd until their suc¬
cessors are elected or appointed and qualified; and the right
of any judge to hold his office for the full term hereby pre¬
scribed, shall not be affected by any change hereafter made
by law, in any circuit or district, or in the mode or time of
election.

124

Mr. Aiken moved to amend by striking ont the words
“judges of the several courts of this State,” and inserting
the words “judges of the supreme court, judges of the circuit
court, and chancellors.”

Mr. Foster of Barbour moved to amend the amendment by
adding the words “and judges of the probate courts.”

Mr. Little moved to lay the amendment to the amendment
on the table; which motion was carried.

Mr. O’Neal moved to lay Mr. Aiken’s amendment on the
table ; which motion was lost.

Mr. Heflin moved to amend the amendment by substituting
the words “chief justice and associate justices of the supreme
court;” the amendment was accepted, and the amendment, as
amended, was then adopted.

Mr. Rice moved to amend by adding the following: “Pro¬
vided, however, that nothing contained in this section, or in
this constitution, shall be construed to destroy the existing
right of any probate judge now in office.”

The amendment was adopted.

Mr. Powell of Bullock moved to amend by adding the fol¬
lowing : “And no law shall extend the term of any of those
officers, or increase or diminish their salaiies, or emoluments,
after their election or appointment.”

On motion of Mr. Oates, the amendment was laid on the
table.

The section, as amended, was then adopted.

The sixteenth and seventeenth sections were then adopted
as follows:

Sec. l(i. The judges of the supreme court shall, by virtue
of their offices, be conservatives of the peace throughout the
State; the judges of the circuit courts within their respective
circuits, and the judges of the inferior courts, within their
respective jurisdictions, shall, in like manner, be conservatives
of the peace.

Sec. 17. Vacancies in the office of any of the judges or
chancellors of this State, shall be filled by appointment by
the Governor, and such appointee shall hold his office for the
unexpired term, and until his successor is elected or appointed
and qualified.

The eighteenth section was read as follows:

Sec. 18. If, in any case, civil or criminal, pending in any
circuit, chancery or city court in this State, the presiding
judge or chancellor shall, for any legal cause, be incompetent
to try, hear or render judgment in such cause, the parties or
their attorneys of record, if it be a civil case, or the solicitor
or other prosecuting officer, and the defendant or defendants,

125

if it be a criminal case, may agree upon some disinterested
person preseut in court, and learned in the law, to act as spe¬
cial judge or chancellor, to sit as a court, and to hear, decide
ai d render judgment in the same manner and to the same
effect as a judge of the circuit or city court or chancellor
might do in such case. If the case be a civil one and the
parties or their attorneys of record do not agree, or if the
case be a criminal one and the prosecuting officer and the de¬
fendant or defendants do not agree upon a special judge or
chancellor, or if either party in a civil cause is not represented
in court., the clerk of the circuit or city court, or register in
chancery, shall appoint the special judge or chancellor, who
shall preside, try and render judgments as in this section
provided.

Mr. Powell of Tuscaloosa moved to amend by striking out
all after the word “case,” and all of the fourth line, and all
after the word ‘ agree” in the 8th, down to and including the
word defendant.

On motion of Mr. Richards, the amendment was laid upon
the table.

Mr. Samford moved to amend by striking out all after the
word “cause,” and inserting tie following: "The General
Assembly shall be authorized, by appropriate legislation, to
provide for the trial of such causes.

Mr. Hargrove offered the following amendment to the
amendment: After the word “cause,” insert the following:
“The General Assembly shall provide for the selection of a
practicing attorney at law to try such case,” and strikeout the
rest of the section.

On motion of Mr. Jones, the amendments were both laid
upon the table.

Mr. Rice offered the following amendment: Amend by
striking out all after the word “courts,” where it first occurs,
and insert the following: “It shall be the duty of the presid¬
ing judge or chancellor, although incompetent to try such
case, on the application of either party to such suit, whether
civil or criminal, either in term time or vacation, to make an
order upon the minutes of the court, transferring such suit
for trial to the nearest court of like character, presided over
by a different judge or chancellor, anything in this constitu¬
tion to the contrary notwithstanding; and the court to which
such suit is transferred, shall hear and determine the same as
if it had originated in that court, and the original papers, to¬
gether with a certified transcript, of all entries in the cage*,
shall be transferred by the clerk, or register, in which the case

126

began, in accordance with such order for the transfer of the
case.”^

On motion of Mr. Oates, the amendment was laid on the
table.

Mr. Bliss moved to amend by striking out the word “ crim¬
inal ” and inserting the word “ misdemeanor,” which was
adopted.

Mr. Cobb moved to strike out all after the word “ cause ”
in the third line, and insert the following: “ the General As¬
sembly shall have authority to provide by law for the ap
pointmeut of a special judge or chancellor to try the same.”

Mr. Hargrove moved to amend the amendment by striking
out the words “ the General Assembly ” and inserting the
words “It shall be the duty of the General Assembly.”

On motion of Mr. Coleman, both amendments were laid on
the table.

Mr. McClellan offered the following substitute:

The General Assembly shall provide by law for the trial, in
the counties in which they arise, of all causes in the circuit,
city and chancery courts, where the judge and chancellors
thereof are incompetent to sit, and may devolve such duty
on any attorney learned in the law, to be selected by consent
of the parties interested or otherwise.

On motion of Mr. Flournoy, the amendment was laid on
the table.

Mr. Herndon moved to amend by striking out the words
“ present in court,” which was lost.

Mr. Samford moved to amend by inserting after the word
“ chancellor ” in the eleventh line, the words “ of the court in
which said cause is pending,” which was adopted.

* Mr. Mudd moved to amend by inserting in the seventh line
between the words “ chancellors ” and “ might,” the words
“ sitting as a court,” which was adopted.

Mr. Aiken moved to amend by inserting after “chancellor”
in the twelfth line, the words “ who shall be an attorney at
law of good standing in his profession, over thirty years of
age, and who shall have resided in this State five years next
before his appointment, and ”.

Mr. Inzer moved the previous question, which call being
sustained, amendments were cut off, and the 18th section, as
amended, was adopted.

The notice given by Mr. Oates that he would move to re¬
consider the vote by which section ten was adopted, came

up.

The motion to reconsider was carried.

127

Mr. Oates moved to amend by striking out the words “ con¬
tinuance in office” and inserting the words “ official terms.”

Mr. Rice moved to lay the amendment on the table, which
motion was lost.

The amendment was then adopted, and the 10th section,
as amended, was adopted.

Sections 19, 20, 21 and 22, were adopted as follows :

Sec. 19. The General Assembly shall have power to pro¬
vide for the holding of circuit and chancery courts in this State
when the judges or chancellors thereof are absent at a regu¬
lar term.

Sec. 20. No judge of any court of record in this State shall
practice law in any of the courts of this State or of the United
States.

Sec. 21. Registers in chancery shall be appointed by the
chancellors of the divisions, and shall hold office during the
term of the chancellor making such appointment, and such
registers shall receive as compensation for their services only
such fees and commissions as may be specifically prescribed
by law.

Sec. 22. A clerk of the supreme court shall be appointed by
the judges thereof, and shall hold office during the term of
the judges making the appointment, and clerks of such in¬
ferior courts as may be established by law shall be appointed
by the judges thereof, and shall hold office during the term
of the judge making such appointment.

The twenty-third section was read, as follows:

Sec. 28. Clerks of the circuit court shall be elected by the
qualified electors in each county for the term of six years.
Vacancies in such office shall be filled by the Governor for
the unexpired term.

Mr. Murphree moved to amend by striking out “six” and
inserting “four.”

On motion of Mr. Oates, the amendment was laid on the
table.

Mr. Davis moved to amend by inserting after the word
“ court,” the words “ and of the city court,” which was laid
<?n the table.

Mr. Rice, moved to amend by striking out the words “ the
Governor ” and inserting judges of the circuits in which such
vacancy occurs,” which was lost.

The twenty-third section was then adopted.

The twenty-fourth section was then read, as follows:

Sec. 24. Registers in chancery and clerks of the several
courts of this State may be removed from office by the chan-

128

cellors and judges of such courts respectively, for cause, to be
entered at length upon the records of the court.

Mr. Burns moved to amend by adding, “ Provided, such
register or clerk shall have the right of appeal to the supreme
court.”

On motion of Mr. Heflin, the amendment was laid on the
table.

Mr. Herndon offered the following substitute:

Sec. 24. The clerk of the supreme court and registers in
chancery may be removed from office by the judges of the
supreme court and chancellors respectively, for cause, to be
entered at length upon the records of the court.

The substitute was adopted.

The twenty-fifth section was read, as follows :

Sec. 25. It shall be the duty of the General Assembly^ at
its first session after the ratification of this constitution, to
elect by joint ballot a solicitor for each judicial circuit of this
State, whose term of office shall be three years; Provided,
however, that the term of office shall not begin until Novem¬
ber, 1876 ; and provided further, that the solicitor elected for
the eircuit in which the capitol of the State is situated shall
be the attorney general of the State.

Mr. Cobb moved to amend by striking out the last proviso,
which amendment was lost.

, Mr. Flournoy offered the following substitute :

A solicitor for each county in this State shall be elected by
the qualified voters thereof ou the first Monday in August,
1876, who shall hold his office for the term of two years, and
until his successor is elected and qualified. ’

On motion of Mr. Foster of Barbour, the substitute was
laid on the table.

Mr. Parks moved to amend by striking out all after “years”
in the third line, down to the word “ and ” in the next line,
and substitute therefor the words “ and to begin at such time
as may be prescribed by law.”

On motion of Mr. Inzer, the amendment was laid on the
table.

Mr. Pickett moved to amend by striking out “ six ” and in¬
serting “three,” which amendment was lost.

On motion of Mr. Oates, the twenty-fifth section was re¬
committed.

On motion of Mr. Pickett, the convention adjourned until
4 o’clock, p. m.

129

EVENING SESSION.

The Convention reassembled at the designated hour, and
resumed the consideration of the report of the committee on
the judicial department.

Mr. Oates moved to reconsider the vote by which section
twenty-five was recommitted, which motion was carried.

Mr. Oates offered the following substitute:

Sec. 25. It shall be the duty of the General Assembly, at
the first session thereof after the ratification of this constitu¬
tion, to elect by joint ballot an attorney, who shall, after his
election, reside at the capital during his official term, and who
shall be ex-officio solicitor of the judicial circuit embracing
the capital, and a solicitor for each of the other judicial cir¬
cuits, who shall reside in the circuits for which they are chosen
at the time of their election, and during their continuanoe in
office, and whose terms of office shall be as follows : The term
of office of those first elected shall begin on the first Monday
in November, 1876, and continue for four years, and their suc¬
cessors shall ever thereafter be, in like manner, elected for
the term of six years.

Mr. McClellan moved to amend by making the attorney
general elected by the people.

Mr. Samford moved to lay the substitute and amendment
on the tattle. The vote being first taken on laying the amend¬
ment on the table, the motion was lost. Teas 22, nays 64.

Those who voted yea are—

Messrs. Aiken, Bliss, Curtis, Flournoy, Foster of Barbour,
Gamble, Garrett, Gordon, Hames, Hargrove, Hudson, Hern¬
don, Jones, Langdon, Laird, Lyon,Martin, Murphree, Oates,
Powell of Tuscaloosa, Samford and Stone—22.

Those who voted nay are—

Messrs. President, Akers, Allgood, Battle, Bolling, Brewer,
Brown, Burgess, Burns, Cobb, Davis, Delbridge, Dickinson,
Forwood, Foster of Hale, Gibson, Gilbreath, Green of Choc¬
taw, Gullett, Harrison, Heflin, Kelly, Knox, Lea of Baldwin,
Lea of Dallas, Little, Long, Manasco, McClellan, Meadows,
Moren, Mudd, Musgrove, NeSmith, Norwood, Nowlen, O’Ban-
non, O’Neal, Parks. Pickett, Powell of Bullock, Balls, Bather,
Bice, Bichards, Smith, Sterrett, Swan, Sykes, Torrey, Weath¬
ers, White, Willett and Woolf—54.

The motion to lay the substitute on the table was lost.

On motion of Mr. Pickett, the substitute and section were
recommitted to the committee.

The twenty-sixth section was read, as follows:

Sec. 26. A competent number of justices of the peace and
9

130

constables shall be elected in and for each county by the
qualified electors thereof, who shall hold office during such
terms as maj be prescribed by law. Said justices shall have
jurisdiction in all civil cases wherein the amount in contro¬
versy does not exceed $100. In all cases tried before such
justices, the right of appeal shall be secured by law ; Provided,
That notaries public, appointed according to law, shall be
authorized and required to exercise throughout their respective
counties all the powers and jurisdiction of justices of the
peace.

Mr. Lea of Dallas, moved to amend by striking out all
after and including the word '‘provided,” which amendment
was lost.

Mr. Herndon moved to strike out the words “ throughout
their respective counties,” which was adopted.

Mr. Herndon moved to amend by adding “ but this proviso
shall not apply to notaries public appointed in cities and
towns containing more than five thousand’inhabitants,” which
was adopted.

Mr. Heflin moved to amend by inserting after the words
“onehundred dollars” the words “except actions for slander,
assault and battery, and ejectment,” which amendment was
adopted,

Mr. Richards moved to amend by inserting after the words
“ qualified electors thereof ” the words “ at such times as may
be prescribed by the General Assembly.”

Mr. Little moved to amend the amendment by inserting
after “ qualified electors ” the words " in their respective
precincts,” which was accepted, and the amendment, as
amended, adopted.

Mr. Bliss moved to strike out “$100” and insert “$200,”
which was lost.

Mr. Oates offered a substitute for the section, which was
lost.

Mr. Flournoy moved to amend by inserting after “juris¬
diction” the words “whether by contract or otherwise,”
which was lost.

Mr. Burns moved to amend by inserting after “ appeal ” the
words “ without prepayment of costs,” which was adopted.

Mr. Garrett moved to recommit the section and amend¬
ments, which motion was carried.

The twenty-seventh section was read, as follows :

Sec. 27. The attorney general shall reside at the seat of
government and shall be the law officer of the State. During
the sessions of the General Assembly he shall furnish to the
committees of either house, when required, drafts of bills and

181

written opinions upon any matter under consideration of the
committees, and shall perform such other duties as may be
required of him by law.

Mr. Powell of Tuscaloosa, moved to lay the section on the
table, which motion was lost.

Mr. Oates mdved to recommit the section, which was car¬
ried.

Sections 28, 29 and 30 were read, as follows:

Sec. 28. For willful neglect of duty, habitual drunkenness,
incompetency, corruption in office, or any offense involving
moral turpitude, the Governor shall remove any chancellor or
judge (except probate judges) from office, on the address of a
majority of all the members elected to each house of the Gen¬
eral Assembly; Provided, That the cause or causes for which
such removal may be required shall be stated at length in
such address, and entered on the journals of each house;
And provided further, That the judge intended to be removed
shall be notified of such cause or causes, and shall be admit¬
ted to a hearing in his own defense and by counsel, before
any vote for such address shall be taken ; and in all such
cases the vote shall be taken by yeas and nays and entered on
the journal of each house respectively.

Sec. 29. Probate judges, sheriffs, tax collectors, tax asses¬
sors, clerks of the circuit courts, county treasurers, justices of
the peace, constables, mayors and intendents of incorporated
cities and towns, may be removed from office for willful neg¬
lect of duty, habitual drunkenness, incompetency in office, or
any offense involving moral turpitude, by the circuit court of
the county in which such officers hold their offices, in such
manner as may be prescribed by law; Provided, The right of
trial by jury and appeal shall be secured.

Sec. 30. Any judge, chancellor, or other officer removed
from office under sections 28 and 29 of article —, of this con¬
stitution, shall be ineligible to any office under the authority
of this State, and shall be liable to indictment, trial and judg¬
ment according to law.

On motion of Mr. Cobb, the 28th, 29th and 30th sections
were stricken out, as recommended by the minority of the
committee. The 31st section was adopted, as follows:

Sec. 31. The style of all processes shall be “The State of
Alabama,’ 1 and all prosecutions shall be carried on in the
name and by the authority of the same, and shall conclude,
“Against the peace and dignity of the State.”

On motion of Mr. Cobb, the Convention proceeded to the
consideration of the article on corporations.

132

ARTICLE CORPORATIONS.

PRIVATE CORPORATIONS.

Section 1 . Corporations may be formed under general
laws, but shall not be created by special act, except for mu¬
nicipal purposes, and in cases where, in the ju Igment of the
legislature, the objects of the corporation can not be attained
under general laws. All general laws and special acts passed
pursuant to this section, may be altered, amended or re¬
pealed.

Sec. 2. All existing charters, or grants of special or exclu¬
sive privileges, under which a bona fide organization shall not
have taken place and business been commenced in good faith,
at the time of the adoption of this constitution, shall there¬
after have no validity.

Sec. 3. The General Assembly shall not remit' the forfeit¬
ure of the charter of any corporation now existing, or alter
or amend the same, or pass any other general or special law
for the benefit of such corporation, except upon the condi¬
tion that such corporation shall thereafter hold its charter
subject to the provisions of this constitution.

Sec. 4. No foreign corporation shall do any business in
this State without having one or more known places of busi¬
ness and an authorized agent or agents in the same, upon
whom process may be served.

Sec. 5. No corporation shall engage in any business other
than that expressly authorized in its charter, nor shall it take
or hold any real estate, except such as may be necessary and
proper for its legitimate business.

Sec. 6. No corporation shall issue stock or bonds, except
for money, labor done, or money or property actually re¬
ceived ; and all fictitious increase of stock or indebtedness
shall be void. The stock and bonded indebtedness of cor¬
porations shall not be increased, except in pursuance of gen¬
eral laws, nor without the consent of the persons holding the
larger amount in value of stock, first obtained at a meeting
to be held after thirty days notice given in pursuance of
law.

Sec. 7. Municipal and other corporations and individuals,
invested with the privilege of taking private property for pub¬
lic use, shall make just compensation for the property taken,
injured, or destroyed by the construction or enlargement of
its works, highways or improvements, which compensation
shall be paid or secured before such taking, injury or destruc¬
tion. The General Assembly is hereby prohibited from de¬
priving any person from an appeal from any preliminary

133

assessment of damages against any sneh corporations or indi¬
viduals made by viewers or otherwise; and the amount of
such damages in all eases of appeal shall, on the demand of
either party, be determined by a jury according to the course
of the common law.

Sec. 8. Dues from private corporations shall be secured
by such mea,ns as may be prescribed by law, but in no case
shall any stockholder be individually liable otherwise than for
the unpaid stock owned by him or her.

Sec. 9. No corporation shall issue preferred stock without
the consent of the owners of two-thirds of the stock of said
corporation.

8ec. 10. The General Assembly shall have the power to
alter, revoke or amend any charter ol incorporation now ex¬
isting, and revokable at the adoption of this constitution, or
any that may hereafter be created, whenever in their opinion
it may be injurious to the citizens of the State, in such man¬
ner, however, that no injustice shall be done to the corpora¬
tors. No law hereafter enacted shall create, renew or extend
the charter of more than one corporation.

8ec. 11. Any association or corporation organized for the
purpose, or any individual, shall have the right to construct
and maintain lines of telegraph within this State, and con¬
nect the same with other lines, and the General Assembly
sb all, by general law of uniform operation, provide reason¬
able regulations to give full effect to this section. No tele¬
graph company shall consolidate with, or hold a controlling
interest in the stock or bonds of any other telegraph company
owning a competing line, or acquire, by purchase, or other¬
wise, any other competing line of telegraph.

Sec. i2. The term corporation, as used in this article,
shall be construed to include all joint stock companies, or
any associations having any of the powers or privileges of
corporations, not possessed by individuals or partnerships.

BANKS AND BANKING.

Sec. 13. The General Assembly shall not have the power
to establish or incorporate any bank, or banking company, or
monied institution for the purpose of issuing bills of credit,
or bills payable to order or bearer, except under the condi¬
tions prescribed in this constitution.

Sec. 14. No bank shall be established otherwise than un¬
der a general banking law, as provided in the thirteenth sec¬
tion of this article, nor otherwise than upon a specie basis.

Sec. 15. All bills, or notes issued as money, shall be, at
all times, redeemable in gold or silver, and no law shall be

134

passed sanctioning, directly or indirectly, the suspension, by
any bank or banking company, of specie payment.

Sec. 16. Holders of bank notes, and depositors, who have
not stipulated for interest., shall, for such deposits, be enti¬
tled, in case of insolvency, to the preference of payment over
alll other creditors.

Sec. 17. Every bank or banking company shall be required
to cease all banking operations within twenty years from the
time of its organization, and promptly thereafter close its
business; but shall have corporate capacity to sue, and shall
be liable to suit, until its affairs and liabilities are fully closed.

Sec. 18. No bank shall receive, directly or indirectly, a
greater rate of interest than shall be allowed by law to indi¬
viduals for lending money.

Sec. 19. The State shall not be a stockholder in any bank,
nor shall the credit of the State ever be given, or lent, to any
banking company, association, or corporation.

Sec. 20. All corporations shall have the right to sue, and
shall be subject to be sued, in all courts, in like cases as natural
persons.

RAILROADS AND CANALS.

Sec. 21. All railroads and canals shall be public highways,
and ail railroad and canal companies shall be common carriers.
Any association or corporation organized for the purpose shall
have the right to construct and operate a railroad between any
points in this State, and to connect, at the State line, with
railroads of other States, Every railroad company shall have
the right with its road to intersect, connect with, or cross any
other railroad, and shall receive and transport, each, the oth¬
er’s freight, passengers, and cars, loaded or empty, without
delay or discrimination,,

Sec. 22. It shall” not be lawful in this State for any railway
company to charge for freight or passengers a greater amount
for the transportation of the same for a less distance than the
amount charged for any greater distance, but excursion and
commutation tickets may be issued at special rates.

Sec. 23. No incorporated company, doing the business of a
common carrier, shall, directly or indirectly, prosecute or en¬
gage in mining or manufacturing articles for transportation
over its works; nor shall such company, directly or indirectly,
engage in any other business than that of common carriers,
or hold or acquire lands, freehold or leasehold, directly or in¬
directly, except such as shall be necessary for carrying on its
business; but any mining or manufacturing company may
carry the products of its mines and manufactories on its rail¬
road or canal, not exceeding fifty miles in length.

136

Sec. 24. No president, director, officer, agent, or employee
of any railroad or caoal company shall be iuterested, directly
or indirectly, in the furnishing of material or supplies to such
company, or in the business of transportation as a common
carrier of freight or passengers over the works owned, leased,
controlled, or worked by such company.

Sec. 25. No discrimination in oharges or facilities for trans¬
portation shall be made between transportation companies
and individuals, or in favor of either, by abatement, draw¬
back, or otherwise; and no railroad or canal company, or any
lessee, manager, or employee thereof, shall make any prefer¬
ence in furnishing carB or motive power.

Sec. 26. The General Assembly shall pass laws to correct
abuses and prevent unjust discrimination and extortion in the
rates of freights and passenger tariffs on the different railroads
in this State.

Sec. 27. No railroad, railway, or other transportation com¬
pany, shall grant free passes, or sell the same at a discount to
any member of the General Assembly, or to any person hold¬
ing office under this State or the United States.

Sec. 28. No street passenger railway shall be constructed
within the limits of any city or town, without the consent of
its local authorities.

Sec. 29. No railroad, canal, or othet transportation com¬
pany, in existence at the time of the adoption of this article,
shall have the benefit of any future legislation by general or
special laws, except on condition of complete acceptance of
all the provisions of this article.

Sec. 30. The General Assembly shall enforce by appropriate
legislation the provisions of this article.

Mr. Langdon moved to amend the first section by inserting
between “ municipal ” and “ purposes ” the words “ mining,
manufacturing and immigration.”

Mr. Rice moved to amend the amendment by adding the
words “industrial and educational”; which was accepted, and
the amendment, as amended, was adopted.

Tfie first section, as amended, was adopted.

The second section was adopted.

Mr. Rice moved to amend the third seotion by inserting af¬
ter “corporations” the words “provided that nothing contained
in this section, or this constitution, shall be construed to de¬
stroy or impair the power of the General Assembly to legis¬
late as to educational, industrial, mining, manufacturing cor¬
porations or associations.”

136

On motion of Mr. Martin, the amendment was laid on the
table.

The third section was adopted.

Mr. McClellan moved to amend the fourth section by strik¬
ing out “the same,” and inserting “each county in which it
does business.”

The amendment was adopted.

Mr. Powell of Bullock moved to amend by inserting after
the word “foreign” the words “or domestio.”

On motion of Mr. Foster of Barbour, the amendment was
laid on the table.

Section four, as amended, was then adopted.

Mr. McClellan moved to amend the fifth section by inserting
after the word “expressly” the words or by “implication”;
which was lost.

Mr. Bice moved to strike out all after the word “charter” ;
which was lost.

Mr. Rather moved to reconsider the vote just taken ; which
motion was carried.

The amendment offered by Mr. Rice was then adopted.

The fifth section, as amended, was then adopted.

The sixth section was adopted.

On motion of Mr. O’Neal, the Convention adjourned until
9 o’clock to-morrow.

TWENTIETH DAT.

Tuesday, Sept. 28, 1875.

Convention met pursuant to adjournment.

Prayer by Rev. Mr. Ralls of the Convention.

On motion of Mr. Davis, the reading of the journal was
dispensed with.

The Convention resumed the consideration of the article on
corporations.

Mr. Hargrove moved to amend the seventh section by strik¬
ing out “and individuals” after the words “other corporations,”
and the words “or individuals” after “such corporations”;
which amendment waS lost.

Mr. Little moved to amend by striking out “or secured ”
after the words “ shall be paid”; which was adopted.

The seventh section, as amended, was then adopted.

Sections 8 and 9 were adopted.

Mr. Hargrove moved to amend the teeth section by striking
out the last sentence; which was lost.

137

Mr. Harrison moved to insert the word “ special ” between
the words “no” and “law”; which was lost.

The tenth section was then adopted.

Mr. Herndon moved to amend the eleventh section by strik¬
ing out the last sentence; whioh was lost.

The eleventh section was then adopted.

The twelfth section was adopted.

Mr. Mudd moved to reconsider the vote by which the third
section was adopted ; which motion was carried.

Mr. Rice offered the following amendment:

Strike out the word “other” before “general," and insert af¬
ter the words “benefit of such corporation” the words “other
than in execution of the trust created by law or by contract” ;
which amendment was adopted.

The third section, as amended, was then adopted.

The thirteenth section was adopted.

Mr. Langdon moved to amend the fourteenth section by
striking out “as provided in the thirteenth section.”

Mr. Manasco moved to lay the amendment on the table;
which motion was lost.

The amendment was adopted, and the section, as amended,
was adopted.

The fifteenth section was adopted.

Mr. Bliss moved to amend the sixteenth section by insert¬
ing the words “notes and,” between “such” and “deposits;”
which was adopted.

The sixteenth section, as thus amended, was adopted.

The 17th, 18tb, 19th. 20th and 21st sections were adopted.

Mr. Foster of Barbour moved to strike out the 22nd sec¬
tion.

Mr. Gamble moved to lay the motion on the table; which
motion was lost.

Mr. Murphree offered the following substitute for the sec¬
tion :

It shall not be lawful for any railway or other transporta¬
tion company to charge for local or way freight, or passage,
exceeding fifty per cent, additional per mile, over and above
the amount charged per mile for through freight or passage.

Mr. Martin moved to lay the substitute on the table; which
motion was carried.

The motion to strike out the section was lost—yeas 36,,
. nays 57.

Those who voted yea are—

Messrs. President, Bliss, Brewer, Booth, Cobb, Coleman,
Dickinson, Foster of Barbour, Garrett, Gibson, Hames, Har¬
rison, Herndon, Inzer, Johnson of Hale, Johnson of Macon,

138

Jones, Knox, Left of Baldwin, Little, Livingston, Mudd, Mur-
phree. NeSmith, O’Neal, Pickett, Powell of Bullock, Rather,
Rice, Richards, Sykes, Torrey and Weathers—36.

Those who voted nay are—

Messrs. Aiken, Akers, Allgood, Battle, Bolling, Brown,
Burgess, Burns, Burton, Callaway, Carson, Curtis, Davis,
Delbridge, Flournoy, Forwood, Foster of Hale, Gamble, Gor¬
don, Green of Choctaw, Green of Conecuh, Gullett, Hargrove,
Heflin, Hudson, Ingle, Laugdon, Laird, Lea of Dallas, Lewis,
Long, Lyon, Manasco, Martin, McClellan, Meadows, Moren,
Musgrove, Norwood, Nowlen, O’Bannon, Parks, Powell of
Tuscaloosa, Prince, Pugh, Ralls, Robinson, Samford, Smith,
Sterrett, Stone, Swan, Taylor, White, Willett and Woolf—57.
Mr. McClellan offered the following substitute:

The General Assembly shall pass laws to correct abuses,
and prevent unjust discriminations and extortions in the rates
of freight and passenger tariffs on railroads, canals and rivers
in this State.

Mr. Burns moved to amend by striking out “rivers.”

■ On motion of Mr. Cobb, the amendment was laid on the
table.

Mr. Langdon moved to lay the substitute on the table;
which motion was lost.

Mr. Martin moved to amend the section by inserting after
“greater distance,” the words “and the General Assembly
shall enact laws prohibiting the same under proper penalties.”

On motion of Mr. Inzer, the amendment was laid upon
the table.

The substitute offered by Mr. McClellan was then adopted
—yeas 57, nays 37.

Those who votied yea are—

Messrs. President, Akers, Allgood, Battle, Bliss, Booth,
Brewer, Brown, Burton, Coleman, Cobb, Dickinson, Forwood,
Foster of Barbour, Garrett, Gibson, Gilbreath, Green of
Choctaw, Green of Ooneouh. Hames, Hargrove, Harrison,
Herndon, Inzer, Johnson of Hale, Johnson of Macon, Jones,
Kelly, Knox, Lea of Baldwin, Little, Livingston, Long, Mc¬
Clellan, Mudd, Murphree, Nisbett, Norwood, Nowlen, Oates,
O’Neal, Pickett, Plowman, Powell of Bullock, Prince, Rather,
Rice, Richards, Scott, Stone, Swan, Sykes, Torrey, Weathers,
White, Willett and Woolf—67.

Those who voted nay are—

Messrs. Aiken, Bolling, Bnrgess, Burns, Callaway, Curtis,
Davis, Delbridge, Flournoy, Foster of Hale, Gamble, Gordon,
Gullett, Heflin, Hudson, Ingle, Langdon, Laird, Lea of Dallas,
Lewis, Lyon, Manasoo, Martin, Meadows, Moren, Musgrove,

139

NeSmith, O’BannoD, Parks, Powell of Tuscaloosa, Pugh,
Balls, Robinson, Samford, Smith, Sterrett and Taylor—37.

Mr. Laugdon moved to amend the 23rd section by striking
out “or hold or acquire lands, free-hold or lease-hold, direct¬
ly o'.: indirectly, except each as shall be necessary for carrying
on its businesswhich amendment was adopted.

Mr. Jones moved to strike ont the whole seotion; which
was lost. •

Mr. Willett moved to strike ont all after the word “canal f*
which was adopted.

Mr. Rice moved to amend by striking ont all of the first
clause down to the words “nor shall such company.”

On motion of Mr. Pickett, the amendment was laid od the
table.

On motion of Mr. Hargrove, the vote refusing to strike ont
the section was reconsidered.

The % rd section was then stricken ont.

The special order, which was the further consideration of
the report of the committee on judicial department, was then
taken up.

Mr. Oates submitted the following substitute for section
twenty-five:

A solicitor for eacb judicial circuit shall be elected by joint
ballot of the General Assembly, who shall be learned in the
law, and who shall, at the time of his election, and during his
continuance in office, reside in the circuit for which he is
chosen, and whose term of office shall be for six years; Pro¬
vided, That the General Assembly, at its first session thereof,
after the ratification of this constitution, shall, by joint ballot,
elect a solicitor for each judicial circuit of the State, whose
term of office shall begin on Tuesday after the first Monday
in November, 1876, and continue for four years.

Mr. Rice offered the following amendment to the substi¬
tute :

Strike out the words “by joint ballot of tbe General As¬
sembly,” where they first occur, and insert “by the qualified
('lectors of each circuit.”

Mr. Willett moved to lay the amendment on the table;
which motion was carried—yeas 68, nays 28.

Those who voted yea are—

Messrs. President, Aiken, Allgood, Bliss, Bolling, Brewer,
Brown, Burgess, Burton, Callaway, Cobb, Coleman, Diokin-
sod, Forwood, Foster of Barbour, Gamble, Garrett, Gibson,
Gordon, Green of Conecuh, Hames, Hargrove, Harrison,
Heflin, Herndon, Hudson, Johnson of Mscod, Jones, Kelly,
Lea ot Dallas, Little, Long, Lyon, Manasco, Martin, Moren,

140

Marphree, Nisbett, Oates, O’Neal, Parks, Piokett, Pugh,
Balls, Bather, Bicbards, Robinson, Sam ford, Scott, Smith,
Sterrett, Stone, Swau, Sykes, Torrey, White, Willett and
Woolf—58.

Those who voted nay are —

Messrs. Akers, Booth, Carson, Curtis, Davis, Delbridge,
Flournoy, Foster of Hale, Green of Choctaw, Gullett, Ingle,
Inzer, Johnsou of Hale, Knox, Laird, Lewis, Livingston,
Meadows, Mudd, Musgrove, NeSmitb, Plowman, Powell of
Bollock, Powell of Tuscaloosa, Prince, Bice, Taylor and
Weathers—

Mr. Laird offered the following amendment: Strike out
“six” and insert “three.”

On motion of Mr. Brown,'the amendment was laid on
the table.

Mr. Bice offered the following amendment: Amend the
proviso by striking out all of it down to and including the
words “circuit of the State,” and inserting the following:
“Provided, the qualified electors of each circuit shall elect a
solicitor for each judicial circuit as soon after the ratification
of this constitution as may be prescribed by law.”

On motion of Mr. Oates, the amendment was laid on the
table.

Mr. Lewis moved to amend by adding: “Provided, That
the term “learned in the law” shall be held to include those
who, upon due examination by at least three attorneys in
good standing as attorneys, and who shall have given satis¬
faction to said examiners of his knowledge of law and
equity.”

On motion of Mr. Cobb, the amendment was laid on the
table.

Mr. Mudd moved to amend by adding: “And provided
further, That the General Assembly may, when necessary,
provide for the election or appointment of county solicitors.”

Mr. Hargrove moved to lay the substitute and amendments
on the table ; which was lost.

The amendment offered by Mr. Mudd was then adopted.

The substitute for the 25th section, as amended was then
adopted.

Mr. Oates from committee on judicial department, to which
was recommitted seotion 2h, submitted the following substi¬
tute for said section : There shall be elected by the qualified
electors of each election precinct of the counties, not exceed¬
ing two justices of the peace and one constable; such justi¬
ces shall have jurisdiction in all civil cases wherein the
amount in controversy does not exceed one hundred dollars,

141

except in cases of libel, slander, assault aod battery and
ejectment. In all cases tried before such justices, the right
of appeal shall be secured by law, provided that the governor
may appoint one notary public for each election precinct in
counties, and one for each ward in cities of over five thou-
and inhabitants, whose jurisdiction and powers shall be the
same as justices of the peace. The term of office of such
notaries public shall be prescribed by law.

Mr. Herndon offered the following amendment: “Provided,
that notaries public shall not have the power and jurisdiction
of justices of the peace in towns and cities of over five thou¬
sand inhabitants which amendment was adopted.

Mr. Bliss moved to amend by adding: “Provided,the Gen¬
eral Assembly may increase th'e jurisdiction of justices of the
peace in civil cases to a sum not greater than three hundred
dollars which amendment was lost.

Mr. Burns moved to amend by inserting after “appeal,” the
words “without prepayment of costs.”

Mr. Richards moved to lay the amendment on the table,
which w r as lost; the amendment was then adopted.

Mr. Rice offered the following amendment: Amend by in¬
serting after the words “whose jurisdiction and power,” in the
proviso, the words “in their respective precincts or wards
only which was adopted.

The substitute for the 26th section, as amended, was then
adopted.

Mr. Oates from committee on judicial department to which
was recommitted section 2 i, submitted the following sub¬
stitute :

An attorney general shall be elected by the qualified elect¬
ors of the State, at the same time and places of election of
members of the General Assembly, and whose term of office
shall be for two years, and until his successor is elected and
qualified. After his election he shall reside at the seat of
government, and shall be the law officer of the State, and
shall perforn. such duties as are required of him by law.

The substitute was adopted.

Mr. Foster of Barbour, offered the following as an addi¬
tional section, which was adopted :

Sec. — . To secure a fair and impartial trial to every party
to a suit, civil or criminal, instituted in auy court of record, a
change of venue shall be allowed as matter of right, when¬
ever it shall appear upon application and the evidence ad¬
duced to the court that a change of venue is necessary to ob¬
tain a fair and impartial trial.

142

The article was then referred to the committee on the order,
consistency and harmony of the whole constitution.

The convention resumed the consideration of the article
on corporations, the section under consideration being the
24th.

On motion of Mr. Little, the 24th section was stricken out.

Mr. Hargrove moved to strike out the 25th section.

Mr. Sanford moved to lay the motion on the table; which
motion was lost.

The motion to strike out was lost.

Mr. Parks moved to reconsider the vote by which the con¬
vention refused to strike out 25th section ; which motion was
carried.

On motion of Mr. Little the section was then stricken
out.

On motion of Mr. O’Neal the 26th section was stricken
out.

Mr. Powell of Tuscaloosa moved to strike out the 27th sec¬
tion ; which was lost.

Mr. Samford moved to amend by inserting after the word
“discount,” the words “other than is sold to the public gen¬
erally which was adopted.

Mr. Oates moved to amend by striking out “or of the
United States.” which was adopted.

Mr. Burns moved to amend by striking out the words “the
same,” and insert the word “tickets;” which was lost.

Mr. Powell of Tuscaloosa moved to strike out “or other
persons;” which was lost.

Mr. Burns moved to amend by striking out “any member of
the General Assembly;” which was lost.

The section as amended was then adopted—yeas 59,

nays 31.

Those who voted aye are—

Messrs. Aiken, Bliss, Brown, Burgess, Burns, Burton, Cole¬
man, Davis, Delbridge, Flournoy, Foster of Barbour, Fos¬
ter of Hale, Gibson, Green of Choctaw, Green of Conecuh,
Hargrove, Heflin, Herndon, Ingle, Inzer, Johnson of Macon,
Kelly, Knox, Laugdou, Laird, Lea of Dallas, Little, Long,
Lyon, Manasco, Martin, Moren, Mudd, Murphree, NeSinith,
Norwood, Nowlen, Oates, O’Banuon, O’Neal, Prince, Pugh,
Kalis, Rather, Robinson, Samford, Scott, Smith, Stone, Swan,
Sykes, Torrey. Weathers, White, Willett and Woolf—59.

Those who voted nay are—

Messrs. President, Akers, Allgood, Bolling, Booth, Brewer,
Callaway, Carson, Cobb, Curtis, Dickinson, Forwood, Gam¬
ble, Gilbreath, Gullet!, Harrison, Johnson of Hale, Jones,

143

Lea of Baldwin, Lewis, McClellan, Meadows, Musgrove,
Pickett Plowman Powell of Bullock, Powell of Tuscaloosa,
Rice, Richards, Sterrett, and Taylor—31.

The 2*th section was adopted.

Mr. Rice moved to amend the 29th section by inserting at
the end of the second line, the words—‘other than in execu¬
tion of a trust created by law or by contractwhioh was
adopted.

Mr. Willett moved to amend by striking out the word “ar¬
ticle,” and substituting “constitution which was lost.

The 29th section was then adopted.

Mr. Aiken offered an additional section as follows : “Every
rail road corporation organized under the general corporation
laws of this State, shall file in the office of Secretary of State
from time to time as may be required by law, a complete
transcript, under their corporate seal, of their organizations,
and the proceedings of their board of directors, and such
transcripts shall be public record.”

On motion of Mr. Little the proposed additional section
was laid on the table.

The 30th section was adopted.

The article was then referred to the committee on the or¬
der, consistency and harmony of the whole constitution.

On motion of Mr. Davis the Convention adjourned until
4 p. m.

EVENING SESSION.

The Convention re-assembled at the designated hour.

Mr. Powell of Tuscaloosa offered the following, which was
adopted :

Resolved, That the committee on the order, consistency
and harmony of the whole constitution, be authorized to order
the printing of 100 copies of their report before making the
same to the Convention.

On motion of Mr. Little the Convention proceeded to the
consideration of the article submitted by the committee on
education.

On motion of Mr. Langdon the consideration of the article
was made the special order for <2 m. to-morrow.

On motion of Mr. Samford the Convention proceeded to
the consideration of the article on exemptions.

REPORT FROM THE COMMITTEE ON EXEMPTIONS.

Mr. President:

The committee on exemptions, to which was referred the

144

fourteenth article of the constitution, and many and various
propositions relating to that subject, have had the same under
consideration, and instruct me to report back the article in
question without amendment, together with an additional sec¬
tion allowing persons to waive exemptions by an instrument
in writing, and recommend the adoption of the whole as arti¬
cle — iu the revised and amended constitution.

In view of the great and general diversity of opinion on
this subject throughout the State, the committee have thought
it prudent and necessary to abstain from any action that
might tend to create a dividing issue among our people on
the contest for ratification. Our duty, in the premises and
under the circumstances, seemed obvious and conclusive.

In our opinion, the matter of exemptions does not properly
belong to the articles of organic law, nor should they have
been originally incorporated into the constitution. Provis¬
ional, personal, and temporary in their nature, they pertain
rather to the policy than the principles of government, and
should be regulated by the legislature, at the time and under
the circumstances, controlled by the immediate necessities and
interests of the people. But inasmuch as exemptions have
been fixed in the constitution, and made, in a great degree,
the basis of the business of the community, we hold it highly
inexpedient, at this time, to disturb them.

The additional section, submitted by the committee, allow¬
ing parties at their option to waive exemptions, will tend to
remove, without the expense and inconvenience of a mort¬
gage, the restrictions which exemptions necessarily place on
individual credit.

Wm. M. Lowe, Ch’n.

ARTICLE —.

Sec. 1 . The personal property of any resident of this State
to the value of $1,000, to be selected by such resident, shall
be exempted from sale on execution, or other fiual process of
any court, issued for the collection of any debt contracted
after the adoption of this constitution.

Sec. 2. Every homestead, not exceeding eighty acres of land
and the dwelling and appurtenances thereon, to be selected
by the owner thereof, and not in any town, city or village, or
in lieu thereof, at the option of the owner, auy'lot in the city,
town or village, with the dwelling and appurtenances thereon,
owned and occupied by any resident of this State, and not
exceeding the value of two thousand dollars, shall be exempt
from sale on execution or any otheu final process from a court,

145

from any debt contracted after the adoption of this constitu¬
tion. Such exemption, however, shall not extend to any mort¬
gage lawfully obtained, but such mortgage or other alienation
of such homestead, bv the owner thereof, if a married man,
shall not be valid without the voluntary signature and assent
of the wife of the same.

Sec. 3. The homestead of a family, after the death of the
owner thereof, shall be exempt from the payment of any debts
contracted after the adoption of this constitution, in all cases,
during the minority of the children.

Sec. 4. The provisions of sections one and two of this article
shall not be so construed as to prevent a laborer’s lien for
work done and performed for the person claiming such ex¬
emption, or a mechanic’s lien for work done on the premises.

Sec. 5. If the owner of a homestead die, leaving a widow,
but no children, the same shall be exempt, and the rents and
profits thereof shall inure to her benefit.

Sec. 6 . The real and personal property of any female in
this State, acquired before marriage, and all property, real
and personal, to which she may afterwards be entitled by gift,
grant, inheritance or devise, shall be and remain the separate
estate and property of such female, and shall not be liable
for any debts, obligations and engagements of her husband,
and may be devised or bequeathed by her the same as if she
were a femme sole .

Sec. 7. The right of exemptions hereinbefore secured, may
be waived by an instrument in writing, signed by the head of
the family, and if such head of the family is a married man,
then said instrument, when seeking to waive exemptions as to
realty, must be signed by both husband and wife.

Mr. Gamble moved to amend the first section by inserting
after the words “ value of ” and before the words “ one
thousand,the words “ not to exceed.”

On motion of Mr. McClellan, the amendment was laid on
the table.

Mr. Pugh moved to amend, after the word “ contracted,”
by striking out “ after the adoption of this constitution,” and
substituting “ since the adoption of the constitution of 1867,”
which amendment was adopted.

Mr. Heflin moved to amend by striking out the word “final,”
which was adopted.

Mr. Aiken moved to amend by adding “ and after the
adoption of this constitution,” which was lost.

Mr. Ralls moved to strike out “ one thousand ” and insert
“ five hundred.”

10

146

On motion of Mr. Moren, the amendment was laid on the
table.

Mr. Knox moved to amend by strikin'); out the first line,
and all of the second line dowu to and including the word
“resident,” and insert the following: “Property, real or per¬
sonal, of every head of a family of this State, to the value of
three thousand, and of every adult, not the head of a family,
to the value of one thousand dollars, to be selected in every
case by the person entitled to the exemption.”

On motion of Mr. Hudson, the amendment was laid on the
table.

Mr. Mudd moved to amend by striking out the words “any
resident” and substituting “every family,” and by striking
out the word “resident” and substituting “family.”

On motion of Mr. Little, the amendment was laid on the
table.

Mr. Cobb moved to strike out the word “ resideut,” and
substitute “citizen.”

On motion of Mr. Brown, the amendment was laid on the
table.

Mr. Laird moved to amend by inserting after the words
“any resident” the words “citizen, head of a family.”

On motion of Mr. Inzer, the amendment was laid on the
table.

Mr. Samford moved to amend by adding the following :
“ the property of every family of this State to the value of
three thousand dollars, to be selected by the head of such
family.”

On motion of Mr. Manasco, the amendment was laid on the
table.

Mr. Powell of Bullock, offered the following substitute:

“Property, of any kind, not exceeding in value the-sum of
one thousand dollars, may be selected and set apart by any
resident of this State, who is the owner thereof, and who is
not the head of a family, and such property shall be exempt
from sale, on any legal process issued for the collection of any
debt contracted since the adoption of this constitution, but
this exemption may be waived by any legal agreement in
writing.”

Pending consideration of the substitute, on motion of Mr.
Smith, the convention adjourned until 10 o’clock to-morrow.

147

TWENTY-FIRST DAY.

Wednesday, September 29, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Dr. Andrews, of this city.

On motion of Mr. Allgood, the reading of the journal was
dispensed with.

Mr. Herndon moved to reconsider the vote by which the
amendment offered by him on yesterday to section twenty-six
of the article on the judicial department was adopted, which
motion was carried.

Mr. Herndon then withdrew his amendment and the section
was adopted.

The convention resumed the consideration cf the article
submitted by the committee on exemptions, the question under
consideration being the substitute offered by Mr. Powell of
Bullock, on yesterday, for the first section.

On motion of Mr. Inzer, the substitute was laid on the ta¬
ble.

On motion of Mr. Gamble, the vote to consider the report
section by section, was reconsidered.

The hour for the special order—the report of the committee
on education.

On motion of Mr. O’Neal, the consideration of the report
was temporarily suspended and the consideration of the arti¬
cle on exemptions was resumed.

Mr. Martin offered a substitute for the article in the shape
of propositions, to be submited to a separate vote of the peo¬
ple at the same time the constitution is voted on.

First proposition is article fourteen, as it stands iu the pres¬
ent constitution.

Second proposition, is as follows:

There shall be $500 worth of personal property and $750
worth of real estate, to be selected by the owner thereof, and
ascertained as may hereafter be provided by law, which prop¬
erty shall be exempt from sale or execution, or other final
process of any court issued for the collection of auy debt
contracted after the adoption of this constitution. But such
exemption, however, shall not extend to any mortgage here¬
tofore or hereafter lawfully obtained.

The ballots shall be in the following form:

For first proposition on exempted property.

For second proposition on exempted property.

If a majority of the lawful votes cast at said election be for
first proposition on exempted property, that clause shall be
inserted in the constitution of Alabama.

148

If a majority of the lawful votes cast be for second propo¬
sition on exempted property, that clause shall be the clause
in the constitution on exempted property.

And the election on this question shall determine what shall
be the constitutional provisions in Alabama on exempted
property, without reference to the number of votes cast for or
against the new constitution. And it is hereby distinctly de¬
clared, that the article on exempted property, as adopted un¬
der this proposition, shall form part of the new constitution,
if a new constitution is adopted, or be a part of the old con¬
stitution if the new constitution is rejected.

On motion of Mr. Manasco, the substitute was laid ou the
table.

Mr. Powell of Tuscaloosa, offered the following article, to
be submitted for ratification with the constitution :

It shall be the duty of the General Assembly, from time to
time, to pass,such laws exempting property from sale under
execution or other legal process for the collection of money,
as the necessities of the people may require ; Provided, That
no change in the laws enacted uuder the provisions of this
article shall in any way affect or change the rights of parties
uuder any contract existing at the time of such changes, but
the law regulating exemptions before such change shall re¬
main in force as to all such contracts.

On motion of Mr. Inzer, the substitute was laid upon the
table.

Mr. McClellan offered the following substitute for the sev¬
enth section:

There shall be no exemption of property from sale under
execution or other legal process to or between the principal
and sureties on any bond or recognizance given, after the rat¬
ification of this constitution, in due course of law, to avoid
imprisonment or confinement in any jail in this State.

On motion of Mr. Coleman, the substitute was laid on the
table—yeas 60, nays 83.

Those who voted yea are—

Messrs. President, Aikeu, Allgood, Bliss, Bolling, Booth,
Brewer, Bulger, Carson, Coleman, Delbridge, Dickinson, Flour¬
noy, Porwood, Foster of Barbour, Gamble, Gurrett, Gilbreath,
Gordon, Green of Choctaw, Green of Conecuh, Hames,
Harrison, Heflin, Hudson, Ingle, Johnson of Macon, Jones,
Kelly, Langdon, Laird, Lea of Baldwin, Lewis, Little, Long,
Lyon, Manasco, Moren, Mudd, Murphree, Musgrove, Nisbeti,
Oates, Parks, Powell of Tuscaloosa, Prince, Pugh, Ralls,
Rather, Richards, Robinson, Samford, Scott, Smith, Sterrett,
Stone, Swan, Sykes, Taylor and White—60.

Those who voted nay are—

149

Messrs. Akers, Brown, Burgess, Burns, Burton, Oobb, Curtis,
Davis, Foster of Hale, Gibson, Gullett, Hargrove, Herndon,
Inzer, Johnson of Hale, Knox, Lea of Dallas, Livingston,
Martin, McClellan, Meadows, NeSmith, Norwood, Nowlen,
O’Bannon, O’Neal, Pickett, Powell of Bullock, Rice, Torrey,
Weathers, Willett and Woolf—33.

Mr. Pugh moved to amend the second section, by striking
out the words “ after the adoption of this constitution,” and
inserting the words “ since the adoption of the constitution
of 1ft 67which was adopted.

Also, amend the third section by making the same change;
which was adopted.

Also, to amend the fifth section by striking out the words
“ the same ” and substituting “ such homesteadwhich was
adopted.

On motion of Mr. Rather, the word “final" in, the first
section was stricken out

Mr. Samford moved to amend the seventh section by strik¬
ing out “ when seeking to waive exemptions as to realty” and
by adding to the end of the section “ and attested by two wit¬
nesses which was lost.

Mr. Pugh offered the following substitute for the seventh
section:

The right of exemptions hereinbefore secured may be waived
by an instrument in writing, and when such w'aiver relates to
realty and signed by the head of the family, the instrument
must be signed by both the husband and wife, and attested
by one witness.

Mr. Bliss offered the following amendment to the substitute:
Provided, That the exemption shall not in any case be re¬
duced to a less sum or value than five hundred dollars left to
the debtor or his family.

On motion of Mr. Pickett, the amendment to the substitute
was laid on'the table.

Mr. Pickett moved to table the substitute offered by Mr.
Pugh, which motion was lost.

Mr. Inzer moved to amend the seventh section, by adding
after the word “ realty ” the words “ and household and
kitchen furniture.”

On motion of Mr. White, the amendment was laid on the
table.

Mr. Hargrove moved to amend the substitute offered by
Mr. Pugh, by striking out the words “one witness” and sub¬
stituting “one justice of the peace.”

On motion of Mr. Mudd, the amendment was laid on the
table.

160

Mr. Harrison moved to amend the section by providing
that in the waiving of exemptions, the instrument shall be
signed as is provided by law for signing mortgages.

On motion of Mr. Prince, the amendment was laid on the
table.

Mr. Powell of Tuscaloosa, offered the following : “Provided,
no waiver shall reduce the exemption to a less sum than two
hundred dollar’s worth of personal property and a homestead
not to exceed in value $5u0.”

Oq motion of Mr. Parks, the amendment was laid on the
table.

Mr. Kice offered the following amendment to the section:
Provided, however, that the homestead above mentioned as
exempt, not exceeding in value five hundred dollars, may be
selected and kept for the use of the family notwithstanding
aDy waiver, or mortgage, or lien, given or made after the
adoption of this constitution.

On motion of Mr. Prince, the amendment was laid on the
table.

Mr. Pugh’s substitute for the seventh section was adopted.

Mr. Meadows offered a substitute for all except the seventh
section.

On motion of Mr. Oates, the substitute was laid on the
table. s,

Mr. Pugh’s substitute for the seventh section was adopted.

Mr. Gordon offered a substitute, as follows :

Sec. 1. Exempt $3,000 of property to every resident, which
ho or she may select; tins section to apply to debts, obliga¬
tions and liabilities of every kind in existence, as well as those
that may arise; but shall not extend to any mortgage lawful¬
ly obtained; but if the mortgagor is a married man, must get
the wife’s signature. Owner of such property may waive the
right of exemption, and if a married man, to be joined in by
his wife.

Sec. 2. That after death of owner said exempt property
shall be exempt during miuority of children—if any—if a
widow and no children, it shall be exempt to the widow with
its ronts and profits.

Sec. 3, That sections one and two shall not prevent a la¬
borer s or mechanic’s lien.

Sec. 4. That all property of female acquired before mar¬
riage, and all that she may afterwards acquire, shall remain
her separate estate and property, free from liability for her
husband’s debts, and to be disposed of by her as if she were
unmarried.

151

On motion of Mr. Flournoy, the substitute was laid on the
table,

Mr. Laird offered the following as a substitute for the whole
section:

There shall be exempted from sale under execution or other
final process of any court, issued for the collection of any
debt contracted after the adoption of this constitution, for the
use and benefit of every family in this State, of real and per¬
sonal property the value of not less than 1,000 nor more than
$3,000, as may be prescribed by law, the property to be se¬
lected for such purpose by the head of such family, and the
value thereof to be ascertained by the head of the family and
two disinterested persons, to be selected by the sheriff or
other officer making the levy or offering to sell the property,
who shall be sworn to make the valuation fairly ; Provided,
That the General Assembly shall not have power to enlarge
or diminish the provisions of this section.

On motion of Mr. Gamble, the substitute was laid on the
table.

Mr. Torrey offered the following amendment as an addi
tional section :

The exemptions named in this article shall not apply to in¬
juries done to lands, goods, the person or reputation, or to
costs hereafter adjudged or imposed by any court or magis¬
trate.

On motion of Mr. Foster of Barbour, it was laid on the
table.

Mr. Richards moved the previous question, whioh was sus¬
tained, and the question being on the adoption of the article
as amended, it was adopted—yeas 64, nays 28.

Those who voted yea are—

Messrs. President, Aiken, Allgood, Bliss, Bolling, Booth,
Brewer, Bulger, Burgess, Coleman, Delbridge, Dickinson,
Flournoy, Forwood, Foster of Barbour, Gamble, Gibson,
Green of Choctaw, Green of Conecuh, Hames, Heflin, Hern¬
don, Hudson, Ingle, Inzer, Johnson of Hale, Johnson of Ma-
con, Jones, Kelley, Langdon, Laird, Lea of Baldwin, Lea of
Dallas, Little, Long, Lyon, Mudd, Murphree, Nisbett, Norwood,
Oates, O’Bannon, O’Neal, Parks, Pickett, Powell of Bullock,
Powell of Tuscaloosa, Prince, Pugh, Ralls, Rather, Richards,
Robinson, Samford, Scott, Sterrett, Stone, Swan, Sykes, Tay¬
lor, Torrey, Willett and Woolf—64.

Those who voted nay are—

Messrs. Akers, Brown, Burns, Burton, Carson, Cobb, Curtis,
Davis, Foster of Hale, Garrett, Gilbreath, Gordon, Gullett,
Hargrove, Harrison, Knox, Livingston, Martin, McClellan,

152

Meadows, Moren, Musgrove, NeSmith, Plowman, Rice, Smith
and White—28.

Mr. Pugh moved to reconsider the vote by which the arti¬
cle was adopted, and to lay that motion on the table; which
latter was carried.

The article was referred to the committee on the order,
harmony and consistency of the whole constitution.

On motion of Mr. Little, the convention proceeded to the
consideration of

THE ARTICLE ON EDUCATION.

Section one was read, as follows:

The General Assembly shall establish, organize and main¬
tain a system of public schools throughout the State for the
equal benefit of the children thereof, between the ages of seven
and twenty-one years; but separate schools shall be provided
for the children of citizens of African descent.

Mr. Davis moved to strike out seven and insert six. Lost.

Mr. Garrett moved to strike out twenty-one and insert
eighteen. Lost.

Mr. Rice offered the following amendment: “And the school
fund as declared and ascertained by the constitution and laws
now existing shall not be reduced.”

On motion of Mr. Oates, the amendment was tabled.

The section was then adopted.

Section two was read, as follows:

The principal of all funds arising from the sale or other
disposition of lands or other property, which has been or may
be granted or entrusted to this State by the United States for
educational purposes, shall be preserved inviolate and undi¬
minished ; and the income arising therefrom shall be faith¬
fully applied to the specific objects of the original grants or
appropriations.

Mr. Livingston moved to amend by inserting after the word
“purposes” the words “of the swamp lands.”

. Mr. O’Neal, Chairman, stated that the swamp lands had
already been disposed of for the benefit of the Insane Asylum,
and, on his motion, the amendment was tabled.

Mr. Rice offered the following: “The principal of all funds,
arising from the sale or other disposition of lands or other
property, which have been or may hereafter be granted or
entrusted to this State by the United States for educational
purposes, and, also, the lands known as the swamp lauds, un¬
sold, shall be preserved inviolate and undiminished for edu¬
cational purposes ”

On motion of Mr. O’Neal, the amendment was tabled.

153

Mr. Laird moved to amend by adding after the word
“State,” “or given by the United Stateswhich was adopted.

The second section was then adopted.

Section three was read as follows:

All lands or other property given by individuals or appro¬
priated by the State for educational purposes, and all estates
of deceased persons, who die without leaving a will or heir,
and all moneys which may be paid as an equivalent for ex¬
emption from military duty, shall be faithfully applied to the
maintenance of the public schools.

Mr. Rather moved to strike out all after the word “heir,”
to and including the word “duty ;” which was adopted.

Section three was adopted.

The fourth section was read :

The General Assembly shall, also, provide for the levying
of an annual poll tax, not to exceed one 50-t 00 dollars on
each poll, which shall be applied to the support of the public
schools in the counties in which it is collected.

Mr. Sterrett moved to add the words “between 21 and 45”
after the word “poll.”

On motion of Mr. Hargrove, the amendment was tabled.

Mr. Aiken moved to add the words “and collection” after
the word “levyingwhich was adopted.

The fourth section was then adopted.

Section five was read:

The income arising from the sixteenth section trust fund,
the surplus revenue fund, and the funds enumerated in sec¬
tions three and four of this article, with such other moneys, to
be not less than one hundred thousand dollars per annum, as
the General Assembly shall provide by taxation or otherwise,
shall be applied to the support and maintenance of the public
schools, and it shall be the duty of the General Assembly to
increase, from time to time, the public school fund, as the con¬
dition of the treasury and the resources of the State will
admit.

Mr. Knox offered an amendment by striking out from and
including the words “with such” down to and including the
word “otherwise,” and insert “together with one-fittk of the
aggregate annual revenue of the State.”

On motion of Mr. O’Neal, the amendment was tabled.

Mr. Bvou moved to strike out “surplus revenue” in the first
line.

Mr. Bliss offered to amend by adding to the end of the first
line the words “so long as it shall remain on deposit with the
State.”

154

On motion of Mr. Foster of Barbour, the convention took
a recess until 4 o’clock, p. m.

AFTERNOON SESSION.

The Convention re-assembled at the designated hour.

The consideration of the Article on Education was re¬
sumed.

Mr. Rice moved to amend the fifth section by inserting
after “revenue fund” the words “until it is called for by the
United States Government;” which was adopted.

Mr. Lyon moved to amend by striking out “the surplus
revenue fund until called for by the Government of the United
States which was lost.

Mr. Samtord moved to amend by inserting after the words
“United States,” the words “not to be less than eight per
cent, of said fund per annum.”

On motion of Mr. Heflin, the amendment was tabled.

Mr. Livingston offered to amend by inserting after the word
“fund” where it first occurs “the amount due by the State to
the public school fund.”

Mr. Willett moved the previous question ; which was sus-
t lined, and the section, as amended, was then adopted.

Section six was read as follows:

Not more than four per cent, of all moneys raised, or which
may hereafter be appropriated for the support of public
schools, shall be used or expended otherwise than for the
payment of teachers employed in such schools.

Mr. Livingston moved to strike out the section.

On motion of Mr. Smith, the motion was tabled.

Mr. Davis moved to amend by striking out four and insert¬
ing five per cent.

On motion of Mr. Brown, the amendment was tabled.

Mr. Hargrove moved to amend by adding to the section :
“Provided, That the General Assembly may, by a vote of two-
thirds of each house, suspend the operations of this section ;”
which was adopted.

The section, as amended, was then adopted.

Section seven was read as follows:

The supervision of the public schools shall be vested in a
Superintendent of Public Instruction, whose powers, duties,
term of office and compensation, shall be fixed by law. The
hupenntendent of Public Instruction shall be elected by the

155

qualified voters of the State, in such manner and at such
time, as shall be provided bylaw.

Mr. Meadows offered the following as a substitute for the
section :

The General Assembly shall have power to require the
Auditor of the State to perform all the duties required of the
State Superintendent of Public Schools, and, also, require
county treasurers to disburse the moneys belonging to their
respective counties, upon orders of trustees of the several dis¬
tricts, and to forward an account of the same to the Auditor.

On motion of Mr. Hargrove, the substitute was tabled.

Mr. Burns moved to amend by striking out the words “as
shall be provided by law,” and insert “other State officers.”

On motion of Mr. O’Neal, the amendment was laid on the
table.

The section was then adopted.

The eighth section was read as follows:

No money raised for the support of the public schools of
this State shall be appropriated to, or used for the support of
any sectarian school.

Mr. Bliss offered to amend by adding after the word “sec¬
tarian,” the words “or denominational;” which was adopted,
and the section, as amended, was adopted.

Section nine was read as follows.

The State University, and the Agricultural and Mechauical
College, shall, each, be under the management and control of
a Board of Trustees. The Board for the University shall
consist of two members from the congressional district in
which the University is located, and one from each of the
other congressional districts in the State. The Board for the
Agricultural and Mechanical College shall consist of two
members from the congressional district in which the college
is located, and one from each of the other congressional dis¬
tricts in the State. Said trustees shall be appointed by the
Governor, by and with the advice and consent of the Senate,
and shall hold office for a term of six years, and until their
successors shall be appointed and qualified. After the first
appointment each board shall be divided into three classes of
three each. The seats of the first class shall be vacated at
the expiration of two years and those of the second class in
four )>ars from the date of appointment, so that one-third
may be chosen biennially. No trustee shall receive any pay
or emolument other thau his actual expenses incurred in the
discharge of his duties as such. The Governor shall be ex
officio President of each of said boards of trustees.

Mr. Little moved to strike out the section.

156

On motion of Mr. Samford, the motion to strike out was
laid on the table.

Mr. O’Neal moved to amend by making the Superintendent
of Public Instruction a member ex officio of each of the
boards of trustees ; which was adopted.

Mr. Livingston moved to amend by striking out the sentence
next to the last, and inserting “the General Assembly shall
provide for the pay of said trustees.”

Mr. O’Neal moved to lay the amendment on the table;
which was carried.

Mr. Foster of Hale, moved to amend by striking out all
after the word “ State ” in the sixth line, to the word “ such ”
in the thirteenth line.

The amendment was laid on the table.

Mr. Hargrove moved to amend by adding “In the event of
the consolidation of the University and the Agricultural and
Mechanical College, there shall be but one Board of Trustees.”

On motion of Mr. Heflin, the amendment was laid on the
table.

Mr. Willett moved to amend by striking out the words
“ appointed by the Governor,” &c., and insert “ elected by
the General Assembly.”

On motion of Mr. Scott, the amendment was laid on the
table.

Mr. Foster of Hale, moved to amend by striking out “ap¬
pointed by the Governor,” &c., and insert “elected by the
people of the several districts at the same time the Governor
is elected.”

On motion of Mr. Scott, it was tabled.

Mr. Hargrove moved to amend by adding the words “as
nearly equal as possible ” after the words “ into three classes
of three each which was lost.

Mr. Heflin moved the previous question, which was sus¬
tained, and the section, as amended, was adopted.

Section ten was read, as follows:

The General Assembly shall have no power to change the
location of the State University or the Agricultural and Me¬
chanical College as now established by law.

Mr. Inzer moved to strike out the section.

Mr. Samford moved to table the motion, which was lost.

Mr. Harrison moved to add to end of the section “ except
upon a vote of two-thirds of the members of the General As¬
sembly, taken by yeas and nays, and entered upon the jour¬
nals.’’

Mr. Oates moved to table the amendment, which was lost.

The amendment was adopted.

The motion of Mr. Inzer to strike out was lost, and the
section, as amended, was adopted.

Mr. Langdon offered an additional section to article on
education, as follows:

Sec. —. The provisions of this article, and of any act of the
General Assembly passed in pursuance thereof, to establish,
organize and maintain a system of public schools throughout
the State, shall apply to Mobile county only so far as to au¬
thorize and require the authorities designated by law to draw
the portion of the funds to which said county will be entitled
for school purposes, and to make reports to the superintend¬
ent of public instruction as may be provided by law. And all
special incomes’ and powers of taxation as now authorized by
law for the benefit of public schools in said county, shall re¬
main undisturbed.

Pending consideration the Convention adjourned until 10
o’clock to-morrow morning.

TWENTY-SECOND DAY.

Thursday, September 30, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Allgood, of the Convention.

On motion of Mr. Sykes, the reading of the Journal was
dispensed with.

Mr. Garrett introduced a resolution providing that the Sec¬
retary shall prepare, as early as possible, for the publication
of the journal; which was referred to the committee on the
harmony of the constitution.

The convention resumed the consideration of the additional
section to the article on education offered by Mr. Langdon
on yesterday.

Mr. Herndon offered the following amendment to the addi¬
tional section : Provided, that separate schools for each race
shall always be maintained by said Mobile school-authori¬
ties.

Mr. NeSmith moved to further amend by providing that
any regular license, as license tax or other tax which is paid
into the State treasury by other counties, may be changed by
the General Assembly.

Mr. Hargrove moved to amend the additional section, by
striking out the words “ as now authorized ” and inserting in
lieu thereof “as now vested in the city and county of Mo¬
bile.”

158

On motion of Mr. Langdon, the further consideration of the
additional section was postponed one hour.

Mr, Samford moved to reconsider the vote by which the
convention adopted the sixth section of the article on educa¬
tion.

Mr. Aiken moved to lay the motion to reconsider on the
table, which motion was lost.

The question recurring on the motion to reconsider, it was
lost.

The convention resumed consideration of the additional
section, as amended, offered by Mr. Langdon.

Mr. NeSmith withdrew his amendment and offered the fol¬
lowing : Amend by inserting after “undisturbed 7 ’ the words
“until otherwise provided by the General Assembly,” which
was adopted.

Mr. Oates, by request, offered the following amendment:

Provided, That the couit of county commissioners of each
county, except the county of Mobile, may levy annually a
special tax upon the real and personal property within the
county, not exceed lO cents on the $100 of valuation, for the
support of the public schools therein, and in purchasing libra¬
ries and apparatus for such schools.

On motion of Mr. Martin, the amendment was laid on the
table.

Mr. Harrison moved to amend by striking out “ all special
incomes and power” and inserting “the power,” which was
lost.

The additional section, as amended, was then adopted, and
the article referred to the committee on the order, consistency
and harmony of the whole constitution.

Mr. Foster of Barbour, called up the report of the committee
on amendments to the constitution. It was read, as follows:

ARTICLE —.

MODE OF AMENDING THE CONSTITUTION.

Sec. 1 . The General Assembly may, whenever two-thirds of
each house shall deem it necessary, propose amendments to
this constitution, which, having been read three times on
three successive days, shall be duly published, in such man¬
ner as the General Assembly may direct, at least three months
before the next general election for representatives, for the
consideration of the people; and it shall be the duty of the
several returning officers, at the next general election which
shall be held for representatives, to open a poll for the vote
of the qualified electors on the proposed amendments, and to

159

make a return of said vote to the Secretary of State; and if
it shall thereupon appear that a majority of all the qualified
electors of the State, who voted for representatives, voted in
favor of the proposed amendments, said amendments shall
be valid to all intents and purposes as parts of this constitu¬
tion, and the result of such election shall be made known by
proclamation of the Governor.

Sec. 2. No convention shall hereafter be held for the pur¬
pose of altering or amending the constitution of this State,
unless the question of convention or no convention shall be
first submitted to a vote of all the electors twenty-one years
of age and upwards, and approved by a majority of electors
voting at said election.

Mr. Aiken moved to amend the first section by striking out
the words “ two-thirds of ” and insert “a majority of all the
members elected to each bouse,” and by striking out all after
and including “ said ” in the ninth line, and inserting “ a ma¬
jority of all the members elected to each house of the next
General Assembly before another election shall ratify said
amendment, each house votiug by yeas and nays, said amend¬
ments shall be valid to all iutents and purposes as parts of
the constitution; Provided, That said proposed amendments
shall be read three several times on three several days in each
house.”

On motion of Mr. Moren, it was laid on the table.

Mr. Burns moved to strikeout “vote” in the eighth line
“ for representative,” and insert “ at said electionwhich
was adopted.

Mr. Pickett moved to amend section one, so as to require
the amendment to be read “ on three several days in each
house,” which was adopted.

Mr. Little moved to amend by striking out “ three months”
publication and require thirty days.

Mr. Richards moved to lay it on the table; carried.

Mr. Flournoy moved to reconsider the vote tabling Mr.
Aiken’s amendment.

On motion of Mr. Richards, it was tabled.

Section one, as amended, was adopted.

Section two was then adopted, and the article referred to
the committee on the order, consistency and harmony of the
whole constitution.

Mr. Cobb moved to take up the following articles:

MISCELLANEOUS PROVISIONS.

1. No person holding an office of profit under the United

160

States, shall, during his continuance in such office, hold any
office of profit under this State.

2. The General Assembly shall have no power to authorize
lotteries or gift enterprises for any purpose, and it shall pass
laws to prohibit the sale of lottery or gift enterprise tickets,
or tickets in any scheme in the nature of a lottery, in this
State, and all acts or parts of acts heretofore passed by the
General Assembly of this State, authorizing a lottery or lot¬
teries, and all acts amendatory thereof or supplemental
thereto, are hereby avoided.

Mr. Moren offered the following amendment to the first
section: “Nor shall any one man hold two offices of profit
or honor at one and the same time in this State.” Adopted.

The section was then so amended as to except postmasters
with salaries of $20d. justices of the peace, notaries public
and commissioner of deeds.

The second section was stricken out.

Mr. Rice offered the following as an additional section:

“No law, touching the right of any qualified elector to vote
at any election in this State, shall be enforced, which requires
of any qualified elector, in any part of this State, anything
that is not legally required of every other qualified elector in
every part of the State, to entitle such elector to vote at any
election in this State.” Tabled.

Mr. Oates offered the following section to be put in the
Article on Miscellaneous Provisions.

It shall be the duty of the General Assembly, at the first
session thereof, after the ratification of this constitution, to
provide by law for the transfer and assignment of all mort¬
gages and liens, now held by tbe State as a security or in¬
demnity against loss on account of the endorsement by the
State of the bonds of railroad companies to the holders of
such bonds; and the acceptance of such mortgages and liens,
by the holders of such endorsed bonds transferred and as¬
signed as aforesaid, shall be a full and complete release of
the State from all liability of such bonds, and the General
Assembly shall not have power to pass any law making any
provision by taxation or appropriation from the State Treas¬
ury for the payment of either interest or principal of the
bonds of any railroad company, which have been endorsed by
the State,

Mr. Inzer moved to indefinitely postpone its further con¬
sideration ; which was carried.

Mr. Burns offered the following as section two:

“ The General Assembly shall enact laws for the purpose of
©^actually enforcing the lien of agricultural, mechanical and

161

railroad employes, upon the products of their manual labor.’*

On motion of Mr. Cobb, it was laid on the table.

The article was referred to the committee on the order,
harmony and consistency of the whole constitution.

Mr. Knox offered the following resolution :

That the General Assembly shall not have power to pass
any law upon the subject of duelling—and all laws now in
force on this subject are avoided.

His motion, to refer to committee on the order, harmony and
consistency of the whole constitution, was lost.

The Convention adjourned to 3 p. in.

AFTERNOON SESSION.

The Convention assembled at the designated hour.

The report of the committee on contest of J. S. Simpson,
for seat occupied by Charles Gibson, was taken up.

Mr. Rice moved to table the report in Mr. Gibson’s favor;
which motion was lost.

The report of the committee was concurred in,

Mr. Oates moved to reconsider the vote adopting the 27th
section of article on corporations; carried.

Mr. Oates moved to add to the section “or the United
Statesadopted.

The section, as amended by Mr, Oates, was adopted.

Mr. Pugh, from the committee on the order, consistency and
harmony of the whole constitution, reported the declaration
of rights.

Mr. President:

The committee on the order, consistency and harmony of
the whole constitution, to which was referred the declaration
of rights, have had the same under consideration, and have
instructed me to make the following report:

The committee recommend the adoption of the following
substitute for the preamble:

We, the people of the State of Alabama, in order to estab¬
lish justice, insure domestic tranquillity, provide for the com¬
mon defense, promote the general welfare, and to secure to
ourselves and to our posterity life, liberty and property, pro¬
foundly grateful to Almighty God for this inestimable right,
and invoking His favor and guidance, do ordain and establish
the following constitution and form of government for the
State of Alabama:

11

162

Strike oat “or information” where they occur in the seventh
section, immediately after indictment.

Strike out the words “land and naval service, or in the
militia,” where they occur in the ninth section, aud insert
in lieu thereof the words “militia and volunteer forces.”

Insert after the word “cause,” in the eleventh section, the
words “or proceedings.”

Strike out “the General Assembly,” in 25th section, aud in¬
sert “law.”

Strike out section 31 and insert, in lieu thereof, the follow¬
ing : “That immigration shall be encouraged, emigration shall
not be prohibited, and no citizen shall be exiled.”

Strike out section 38 and insert, in lieu thereof, the follow¬
ing : “No educational or property qualification, for suffrage
or office, nor any restraint upon the same on account of race,
color or previous condition of servitude, shall be made by
law.”

The report was adopted.

Also, reported back the articles on distribution of powers,
and State and county boundaries.

Report adopted.

On motion of Mr. Davis, the Convention adjourned until
9 o’clock to-morrow morning.

TWENTY-THIRD DAY.

Friday, October 1, 1875.

The Convention met pursuant to adjournment.

Prayer by the Rev. Mr. Richards of the Convention.

Reading of the journal was dispensed with.

The President announced as the committee on the address
to the people, Messrs. Lyon, Pugh, Pickett, Stone, Langdon,
Moren, Foster of Barbour, Cobb, Rather, Little, Gamble, and
Lea of Dallas.

Mr. McClellan offered, as an additional article: ‘ The
General Assembly shall forever foster and encourage the
agricultural and mechauical interests of the State.” Referred
to committee on the order, harmony and consistency of the
whole constitution.

Mr. Pugh, ‘ from committee on the order, consistency and
harmony of the whole constitution, made a report on the leg¬
islative department. It strikes out section fifty, in relation to
duelling, as power has been granted the Legislature to pre¬
pare laws on the subject.

163

Also, strikes out section fifty-eight, and puts it at the end
of the constitution.

On the executive department, it adds to the first section
“superintendent of education.”

Section twenty-three adds “superintendent of education”
to the list of officers to be elected.

On exempted property it changes the first section, and ex¬
empts after “13th day of July, 1«68,” instead of “since adop¬
tion of the constitution of 1867,” as in the original section.

On finance and taxation it strikes out in the fourth section,
“Provided, That after the ratification of this constitution a
greater rate of taxation than one-half of one per centum
shall not be levied by the General Assembly.”

In section eight it changes “superintendent of public in¬
struction” to “superintendent of educationall of which
were concurred in.

The Convention adjourned until 3^ p. m.

AFTERNOON SESSION.

The Convention met at 4 p. m.

Mr. Pugh, from the committee on the order, harmony and
consistency of the whole constitution, made reports, with
verbal amendments, on the remaining articles; all of which
were concurred in.

The Convention then adopted the constitution as a whole.

The following schedule was, also, reported by the commit¬
tee :

SCHEDULE.

In order that no injury or inconvenience may arise from the
alterations and amendments made by this constitution to the
existing constitution of this State, and to carry this constitu¬
tion into effect, it is hereby ordained and declared :

1. That all laws in force at the ratification of this consti¬
tution, and not inconsistent therewith, shall remain in full
force until altered or repealed by the General Assembly; and
all rights, actions, prosecutions, claims and contracts of this
State, counties, individuals or bodies corporate, not inconsist¬
ent with this constitution, shall continue to be as valid as if
this constitution had not been ratified.

2. That all bonds executed by or to any officer of this State,
all recognizances, obligations, and all other instruments exe¬
cuted to this State, or any subdivision or municipality thereof,

164

before the ratification of this constitution, and all fines, taxes,
penalties and forfeitures due and owing to this State, or any
subdivision, or to any municipality thereof; and all writs,
suits, prosecutions, claims and causes of action, except as
herein otherwise provided, shall contiuue and remain unaf¬
fected by the ratification of this constitution. All indict¬
ments which may have been found, or which may hereafter
be found, for any crime or offense committed before the rati¬
fication of this constitution, shall be proceeded upon in the
same manner as if this constitution had not been ratified.

3. That all the executive and judicial officers, and all other
officers in this State, who shall have been elected at the elec¬
tion held in this State on the third day of November, 1874,
or who may have been appointed since that time, and all
members of the present General Assembly, and all that may
be hereafter elected members of the present General Assem¬
bly, and all other officers holding office at the time of the rati¬
fication of this constitution, except such as hold office under
any act of the General Assembly, shall continue in office and
exercise the duties thereof until their respective terms shall
expire as provided by the present constitution and laws of
this State.

4. This constitution shall be submitted to the qualified
electors of this State for ratification or rejection, as authorized
and required by an act of the General Assembly of this State
entitled, “An act to provide for the calling of a convention to
revise and amend the constitution of this State, A. D, 1875.

5. If at said election the said constitution shall be found
to have been ratified by a majority of all the qualified elect¬
ors voting at said election, the said new constitution of the
State of Alabama, within the time stated in the proclamation
of the Governor, and shall thereafter be binding and obliga¬
tory as such upon all the people of this State, according to
the provisions of said act, approved nineteenth day of March,
A. D. 1875.

6. That instead of the publication as required by section
twelve of said act, the Governor of the State is hereby author¬
ized to take such steps as will give general publicity and cir¬
culation to this constitution in as economical manner as prac¬
ticable.

7. That all laws requiring an enumeration of the inhabit¬
ants of this State during the year 1875, are hereby avoided.

8. That the Board of Education of this State is hereby
abolished.

9. The salaries of the executive and judicial officers of this
State who may be holding office at the time of the ratification

165

of this constitution, and the pay of the present members of
the General Assembly, shall not be affected by the provisions
of this constitution.

Mr. Rice offered the following amendment:

Nothing contained in this constitution shall be construed
to repeal, impair or affect any statutory provision now exist¬
ing for the benefit of any fire company or firemen’s organiza¬
tion.

Pending consideration of the schedule, the convention ad¬
journed until 9 o’clock to-morrow.

TWENTY-FOURTH DAY.

Saturday, October 2, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. White, of the Convention.

Reading of the journal was dispensed with.

Mr. Garrett offered the following resolution :

Resolved, That this convention has. by its action, endeav¬
ored to secure the greatest good to the greatest number of
the people of the State of Alabama, without regard to class
or condition, and to them the results of its labors is now con¬
fidently submitted for ratification.

On a call of the yeas and nays, the resolution of Mr. Garrett
was adopted—yeas 81, nays 6.

Those who voted yea are—

Messrs. President, Aiken, Akers, Allgood, Battle Bliss,
Bolling, Brewer, Booth, Burgess Burns, Burton, Cobb, Cole¬
man, Davis, Delbridge, Dickinson, Flournoy, Forwood, Fos¬
ter of Barbour, Gamble, Garrett, Gilbreath, Gordon, Green of
Choctaw, Green of Conecuh, Gullett, Haines, Hargrove,
Harrison, Heflin, Herndon, Hudson, Ingle, Inzer, Johnston of
Macon, Jones, Kelly, Langdon, Laird, Lea of Baldwin, Lea
of Dallas, Little, Livingston, Long, Lowe, Lyon, Manasco,
Martin, Meadows, Moren, Murphree, Musgrove, NeSmith,
Nisbitt, Norwood, Oates, O’Bannon, O’Neal, Parks, Pickett,
Plowman, Powell of Bullock, Powell of Tuscaloosa, Prince,
Pugh, Rather, Richards, Robinson, Samford, Scott, Smith,
Sterrett, Stone, Swan, Taylor, Torrey, Weathers, White,
Willett and Woolf—81.

Those who voted nay are—

Messrs. Bulger, Carson, Curtis, Knox, Lewis and Rice—6.

The following, who would have voted for the resolution, viz:

Messrs. Brown, Callaway, Gibson, McClellan, Mudd, Nowlin,
Ralls and Sykes, were absent.

166

Messrs. Foster of Hale, and Johnston of Hale, did not vote,
and Messrs. McDuffie of Lowndes and Ratcliff© of Wilcox,
never took their seats in the convention.

Mr. Stone offered the following resolutions:

Resolved, That the thanks of this convention are due and
hereby tendered to the Hon. L. P. Walker for the able, digni¬
fied and impartial manner in which he has discharged his
duties as President of this convention.

Resolved further, That the thanks of this convention are
due to the Secretary and Assistant Secretary, and Enrolling
Clerk, and the other subordinate officers of the convention,
for the prompt, courteous and efficient manner in which they
have discharged their respective duties.

The resolutions were unanimously adopted.

Mr. Rice’s amendment to the schedule, pending at the hour
of adjournment yesterday, was, on motion of Mr. Heflin, laid
on the table.

Mr. White offered to amend section nine, so as to provide
that nothing in this constitution shall be so construed as to
prevent any of said officers from receiving pay, as now allowed
by law, during their present term.

The committee proposed to insert in section nine the words
“and all other officers” after the word “judicial,” whereupon
Mr. White, with leave, withdrew his resolutions.

Mr. Rice offered the following amendment:

That a full and fair expression of the will of the people may
be had upon each article of the new constitution, each voter
shall have, upon the submission provided for in paragraph four
of this schedule, the right to vote separately for or against
each article, to be on one ticket, as follows: for ‘‘Article 1
new constitution, yes,” or for “Article 1 new constitution, no,”
as the elector may desire to vote; and so on through the
entire constitution for or against each article by number, as
the elector may desire; and if at said election the entire new
constitution is not latified by a majority of votes at said elec¬
tion being for that constitntion, and any one or more of the
articles shall be so ratified, then the article or articles so rati¬
fied, with such articles or provisions of the constitution now
existing as correspond with the articles of the new constitu¬
tion not so ratified, and as are not inconsistent with the new ar¬
ticles so ratified, shall, within the time stated in the piocla-
mation of the Governor, become and be the constitution of the
State of Alabama.

On motion of Mr, Little, the amendment was laid on the
table.

167

Mr. Inzer offered the following amendment to the schedule,
as a substitute for section eight:

The Board of Education of this State, at the end of its next
session, shall be forever dissolved.

Mr. Lowe demanded the previous question, and the call
was sustained.

Mr. Little moved to reconsider the vote which sustained
the call of the previous question.

Mr. Lowe moved to lay the motion on the table, which mo¬
tion carried.

The schedule was then adopted.

Mr. Pugh, from the committee on the order, harmony and
consistency of the whole constitution, reported adversely to
the resolution providing for printing the journal.

Mr. Oates, from same committee, submitted a minority re¬
port signed by himself, Mr. Lowe, Mr. Willett, Mr. Langdon,
Mr. O’Neal and Mr. Stone, as follows:

Mr. President:

We, the undersigned, members of the committee on the har¬
mony, consistency, &e., of the whole constitution, to which
was referred the resolution in relation to printing the journals
of the convention, dissent from the report of the majority of
said committee, and recommend that five hundred copies of
said journals be printed, at a cost of not more than $800, in¬
cluding the Secretary’s pay for copying, indexing, <fcc., and
that when printed and delivered to the Secretary of State, he
shall distribute ^he same as follows, to-wit: One copy to each
delegate to this convention ; one to each circuit judge, chan¬
cellor and judge of probate in the State; and fifty copies
to the librarian, for the use and benefit of the supreme court
library; and the remainder to be sold by the Secretary of State
at not more than $3 per copy, which shall be paid into the
State treasury.

Mr. Garrett moved to lay both reports upon the table.

Mr. Lewis called for a division of the question, and the
vote being taken, first, on layiog the majority report upon the
table, it was carried—yeas 60, nays 28.

The question then being taken on laying the minority report
on the table, it was lost—yeas 28, nays 58.

The minority report was then concurred in.

A resolution was adopted appointing Messrs. Herndon of
Mobile, and Lea of Dallas, a committee to examine the en¬
rolled copy of the constitution, so as to secure its complete
accuracy before publication in official form.

168

The delegates who voted for it, then came forward and
signed the parchment copy of the Constitution.

Thereupon the President, after a short address, pronounced
the Convention adjourned sine die.

TO THE PEOPLE OF ALABAMA.

Your Delegates, lately assembled in Convention at Mont¬
gomery, have closed their labors after adopting, with but two
dissenting votes, a new Constitution, which is now submitted
for your ratification or rejection ; and the undersigned have
been appointed by the Convention, a committee to submit to
your consideration the reasons which show the superiority of
the new Constitution to the one under which you are now
living and suffering.

The Constitution of 1868, was not the work of the People
of Alabama. It is the offspring of usurpation, and the con¬
trivance of unscrupulous adventurers, inflicted upon our peo¬
ple after they had solemnly rejected it. It was framed by
enemies in utter disregard of the altered condition of our
people, with no consideration for that universal impoverish¬
ment, which should have forbidden the imposition of every
unnecessary burden. It was manufactured for the benefit of
alien and corrupt usurpers, and has been administered in an
office-holding and governmental extravagance, which in a few
years has bankrupted the State and well nigh ruined our
people.

The new constitution now submitted for your approval is at
least the work of delegates chosen by yourselves, after a most
deliberate and enlightened canvass, whom none can deny to
be representative men of Alabama, identified with her people
in interest and sympathy, and united with them in the good
work of protecting the rights, and promoting the welfare of
all classes and conditions. The highest aim of the late con¬
vention was to insure the safety of the people against the
possibilities of extravagant and corrupt government. The
delegates were deeply impressed by the responsibilities and
difficulties of their position. How well they have discharged
their high duties is now to be decided by an enlightened con¬
stituency.

The “bill of rights” in the new constitution, declares that
all political power is inherent in the people, and that no gov-

170

ernment is rightful unless it is founded on their consent and
authority. Every right and privilege essential to a free peo¬
ple is clearly defined, and perfect civil and political equality
of every citizen is assured.

The rights and privileges thus defined and declared have
the highest protection and promotion in the safeguards pro¬
vided in the new constitution.

The law-making power of the State is lodged with the
General Assembly. This body is composed of members
elected by the people every two years ; its sessions are bien¬
nial, and limited to fifty days, without the power to extend the
time. The pay of its members is reduced from six to four
dollars per day, and their mileage from 40 to 10 cents per mile.
This change alone insures a saving every two years of at least
$60,000.

No bill can become a law unless it is referred to a commit¬
tee in the Senate and House, and has been read at length on
its final passage, and the vote taken by yeas and nays and
entered on the journal. This change prevents hasty and in¬
considerate action, and enables the people to punish the
authors of extravagant and mischievous legislation.

The annoying, disreputable and dangerous practice of lob¬
bying to secure the support of members is to be made a crim¬
inal offense.

The General Assembly can pass no laws except of a gen¬
eral and public character. All power to enact local or special
laws for the benefit of individuals or corporations is prohib¬
ited, and the people are thereby protected against the heavy
expense of legislation in which they have no interest.

All power in the General Assembly to embark the State in
railroad building, or works of internal improvement, or to
give or lend the money or credit of the State to individuals
or corporations in aid of such enterprises is forever prohibited.
Neither can the legislature authorize any town, city or county
to bind the people for stock in railroads or any works or en¬
terprises of like character. The denial of this power to your
State Government is an invaluable safeguard in the future,
against the imposition of burdens that are now crushing the
people down with taxes.

For the first time since you had a State government, the
new constitution puts a limit to the power of the legislature
to levy and collect taxes. And the power of every town, city,
and county to tax is also restricted. The rate of taxation in
the future for State purposes can never go higher than three-
fourths of one per centum upon the assessed value of all tax-

171

able property. But the legislature can reduce this rate at
any time when the people may demand it, and their improved
condition justifies the reduction.

No town, city or county, can levy a higher tax than one-
half of one per centum for ordinary county purposes, and to
pay existing debts, the rate is limited to one-fourth of one
per centum on the State assessment. This limitation upon
the taxing power lifts the black curtain of perpetual bankrupt¬
cy and ruin, and enables our almost hopeless people to see a
bright future for themselves and their posterity.

In the executive and judicial departments of the govern¬
ment, many unnecessary offices have been abolished, and the
cost of expounding and executing the laws has been greatly
reduced. The offices of lieutenant governor and commissioner
of industrial resources, with all useless clerks and employees
in the legislative and executive branches have been abol¬
ished.

The number of judicial circuits in the State has been re¬
duced from twelve to eight, and of chancery divisions from
five to three; and the salaries of all State officers reduced 25
per centum, with authority in the legislature to inorease them
if desired by the people. It is estimated that these retrench¬
ments will insure an annual saving of at least fifty thousand
dollars.

In relation to public schools the convention has made the
most salutary changes. The great complaint has been that
there were too many unnecessary officers, and too much use¬
less machinery employed, to handle the school fund, and that
the money thus expended should be saved for teaching the
children. The convention abolished the school board, and
thereby avoided the expense of another legislature, to < to what
could be safely required of the General Assembly. The im¬
poverished condition of the people, and the immense burden
of State, county and city taxation, which they were now una¬
ble to carry, compelled your delegates to refuse to pile up
any more weight, until the people recovered their strength,
unloaded, and had time to rest and collect the means to devote
to public schools. The convention acted on these principles
in providing, as it did in the new constitution, for the support
of public schools, It was estimated that from the sources
specified in the new constitution, the amount that could be
certainly raised for school purposes, would be about $ 502,000.
If the people and the tax collectors do their duty, the pro¬
visions of the new constitution will produce more money for
the support of public schools than has heretofore been ex-

172

pended in actual teaching. The convention has saved, at
least, $50,000 per annum in abolishing the school board, and
limiting the amount to be paid for officers to 4 per centum of
the school fund, thus leaving 96 per centum to pay teachers.
The poll tax collected in each county is to be kept in such
county and applied there to public schools. The failure to
collect more of the poll tar is chargeable to the tax collectors.
There are in the State over 200,000 voters; and the amount of
poll taxes collected has not reached more than $75,000 per
annum. As each county would be entitled to its own poll tax,
the people in each township, and especially the trustees, will
give special attention to the payment of the poll tax, and it is
believed that this change will add at least $75,000 per annum
to the school fund. If any fear that the new constitution has
impaired the public schools, in not providing a sufficient fund
to support them, exists, such apprehension must be dispelled
by the first section of the twelfth article, which provides that
“the General Assembly shall establish, organize and maintain
a system of public schools throughout the State, for the equal
benefit of all children between the ages of 7 and 21 years.”
The convention gave every dollar that could be spared at this
time for public schools, and if it is found that the system is
likely to suffer for want of more money, the General Assembly
has the full authority to appropriate as much as the people
demand to answer all such purposes. The people pay the
taxes, and elect their own representatives, and if the public
schools languish and die for the want of money, it will be the
fault of the people and their representatives, and not that of
the new constitution.

Another subject of great difficulty, was property exempted
from sale under legal process. The convention found such
exemptions in the constitution of 1868, and the question was,
what shall be done in the new constitution ? We all saw
some inequalities and defects in the article on exemptions;
some thought all exemptions were wrong in principle, and
hurtful in their operation; others- favored exemptions as being
well founded in public policy and individual necessity; some
wanted high, others low exemptions; some favored exemp¬
tions in money value ; others favored exemptions in quantity
of real and personal property. If all these differences existed
in the convention, how could it be hoped to find more harmony
and less division among the people of the State. There is
nothing about which the people are more easily inflamed than
exemptions.

There were many changes to be made in the new constitu-

173

tion that the people were united in demanding. The changes
about which all the people agreed involved their future exist¬
ence and safety, and the convention decided that it would be
unwise to endanger the ratification of the new constitution by
throwing into it the exciting and distracting question of ex¬
emptions. It was thought best to let exemptions stand pre¬
cisely as they are in the present constitution and the statutes
of the State, except that the debtor has the privilege of waiv¬
ing them, without incurring, as he must at present, the ex¬
pense of a mortgage. This waiver, however, when made of a
homestead by a married man, must, to be valid, be signed by
husband and wife in the presence of a witness. And hereaf¬
ter, when the people secure all the benefits promised in the
new constitution, they can deal with this matter of exemp¬
tions in any way they please, through the amending and law¬
making power of the General Assembly.

We trusted that no voter would be so unreasonable as to
throw away all the acknowledged benefits secured to him in
the new constitution, because he failed to get what he wanted
on exemptions, especially when it was manifest that whether
the new constitution stands or falls, exemptions remain unal¬
tered.

Fellow-citizens, the constitution of 1868 and the constitu¬
tion of 1875, are now before you—make your own selection,
and shoulder the responsibilities and possibilities attending
your decision.

How can any true man hesitate. Behind him and around
him are the bitter fruits of a constitution he had no voice in
making. What is the future of Alabama and her people, if
the incubus of an alien constitution, framed by usurpers in
the interest of plunderers, remains as the organic law for their
government?

Before you is the constitution framed by your own people,
with every right and interest and pursuit guaranteed and pro¬
tected against extravagant, corrupt, injurious and dangerous
legislation. With no power to create new public debts, no
authority to increase taxation beyond a fixed rate, under
which the people can avoid great suffering and sacrifices, and
when the reforms inaugurated in the new constitution promise
to produce the most beneficial effects upon the capacity and
energy and hopes of our people, and to place Alabama in
the front rank of the prosperous States of this Union, how
can any voter feel indifferent in the struggle to have this great
work accomplished?

174

We have discharged our duty, and results are left with the
people.

F. S. Lyon,

J. L. Pugh,

Thos. H. Herndon,

R. O. Pickett,

L. M. Stone,

C. C. Langdon,

E. H. Moben,

J. A. Foster,

R. W. Cobb,

J. D. Rather,

W. G. Little,

John Gamble,

Sumter Lea,

Committee.

October 4,18/5.

CONSTITUTION

OF THE

STATE OF ALABAMA.

PREAMBLE.

We, the people of the State of Alabama, in order to estab¬
lish justice, insure domestic tranquillity, provide for the com¬
mon defense, promote the general welfare, and to secure to
ourselves and to our posterity, life, liberty and property, pro¬
foundly grateful to Almighty God for this inestimable right,
and invoking His favor and guidance, do ordain and establish
the following constitution and form of government for the
State of Alabama.

ARTICLE I.

DECLARATION OP RIGHTS.

That the great, general and essential principles of liberty
and free government may be recognized and established, we
declare:

Section 1 . That all men are equally free and independent j
that they are endowed by their Creator with certain inaliena¬
ble rights ; that among these are life, liberty and the pursuit
of happiness.

Sec. 2. That all persons resident in this State, born in the
United States, or naturalized, or who shall have legally de¬
clared their intention to become citizens of the United States,
are hereby declared citizens of the State of Alabama, possess¬
ing equal, civil and political rights.

Sec. 3. That all political power is inherent in the people,
and all free governments are founded on their authority, ana
instituted for their benefit; and that, therefore, they have, at
all times, an inalienable! and indefeasible right to change

176

their form of government, in such manner as they may deem
expedient.

Sec. 4 That no religion shall be established by law ; that
no preference shall be given by law to any religious sect, so¬
ciety, denomination, or mode of worship; that no one shall
be compelled by law to attend any place of worship, nor to
pay any tithes, taxes, or other rate, for building or repairing
any place of worship, or for maintaining any minister or min¬
istry ; that no religious test shall be required as a qualifica¬
tion to any office or public trust, under this State; and that
the civil rights, privileges and capacities of any citizen, shall
not be in any manner affected by his religious principles.

Sec. 5. That any citizen may speak, write and publish his
sentiments on all subjects, being responsible for the abuse of
that liberty.

Sec. 6. That the people shall be secure in their persons,
houses, papers and possessions, from unreasonable seizures
or searches, and that no warrant shall issue to search any
place, or to seize any person or thing without probable cause,
supported by oath or affirmation.

Sec. 7. That in all criminal prosecutions, the accused has
a right to be heard by himself and counsel, or either; to de¬
mand the nature and cause of the accusation ; to have a copy
thereof; to be confronted by witnesses against him ; to have
compulsory process for obtaining witnesses in his favor ; and
in all prosecutions by indictment a speedy public trial by au
impartial jury of the county or district in which the offense
was committed ; and that he shall not be compelled to give
evidence against himself, nor be deprived of his life, liberty
or property, but by due process of law.

Sec. 8. That no person shall be accused or arrested, or de¬
tained, except in cases ascertained by law, and according to
the forms which the same has prescribed ; and no person
shall be punished but by virtue of a law established and pro¬
mulgated prior to the offense, and legally applied.

Sec. 9. That no person shall, for any indictable offense, be
proceeded against criminally, by information, except in cases
arising in the militia and volunteer forces when in actual
service, or by leave of the court, for misfeasance, misde¬
meanor, extortion and oppression in office, otherwise than as
is provided in this constitution ; Provided, That in cases of
petit larceny, assault, assault and battery, affray, unlawful as¬
semblies, vagrancy and other misdemeanors, the General As ¬
sembly may, by law, dispense with a grand jury, aud authorize
such prosecutions and proceedings before justices of the

177

peace or such other inferior courts as may be by law estab¬
lished.

Sec. 10. That no person shall, for the same offense, be
twice put in jeopardy of life or limb.

Sec. 11. That no person shall be debarred from prosecu¬
ting or defending, before any tribunal in the State, by him¬
self or counsel, any civil cause or proceeding to which he is a
party.

c; eo. i 2. That the right of trial by jury shall remain invio¬
la t< .

Sec. i 3. That in pm«pcutions for the publication of papers
inwhiig-iting .he official conduct of officers, or men in public
capacity, or when the matter published is proper for public
information, the truth thereof may be given in evidence; and
that in all indictments for libel, the jury shall have the right
to determine the law and the facts under the direction of the
court.

Sec. 14. That all courts shall be open, and that every per¬
son, for any injury done him in his lands, goods, person or
reputation, shall have a remedy by due process of law; and
right and justice shall be administered without sale,denial or
delay.

Sec. 15. The State of Alabama shall never be made de¬
fendant in any court of law or equity.

Sec. 16. That excessive fines shall not be imposed, nor
cruel or unusual punishments inflicted.

Sec. 17. That all persons shall, before conviction, be bail¬
able by sufficient sureties, except for capital offenses when the
proof is evident or the presumption great. Excessive bail
shall not, in any case, be required.

Sec. 18. The privilege of the writ of habeas corpus shall
not be suspended by the authorities of. this State.

Sec. 19. That treason against the State shall consist only
in levying war against it, or adhering to its enemies, giving
them aid and comfort; and that no person shall be convicted
of treason except on the testimony of two witnesses to the
same overt act, or his own confession in open court.

Sec. 20. That no person shall be attainted of treason by
the General Assembly; and that no conviction shall work cor¬
ruption of blood or forfeiture of estate.

Sec. 21. That no person shall be imprisoned for debt.

Sec. 22. That no power of suspending laws shall be exer¬
cised, except by the General Assembly.

Sec. 23. That no ex post facto law, nor any law impairing
the obligation of contracts, or making any irrevocable grants
12

178

of special privileges or immunities, shall be passed by the
General Assembly.

Sec. 24. The exercise of the right of eminent domain shall
never be abridged or so construed as to prevent the General
Assembly from taking the property and franchises of incor¬
porated companies and subjecting them to public use the
same as individuals. But private property shall not be taken
for or applied to public use, unless just compensation be first
made therefor; nor shall private property be taken for private
use. or for the use of corporation?, other than municipal,
without the consent of the owners; Provided, however, that
the General Assembly may, by law, secure to persons or cor¬
porations the right of way over the lands of other persons or
corporations, and by general laws provide for and regulate the
exercise by persons and corporations of the rights herein re¬
served ; but just compensation shall, in all cases, be first made
to the owner; And provided, That the right of eminent do¬
main shall not be so construed as to allow taxation or forced
subscription for the benefit of railroads or any other kind of
corporations other than municipal, or for the benefit of any
individual or association.

Sec. 25. That all navigable waters shall remain forever
public highways, free to the citizens of the State, and of the
United States, without tax, impost, or toll, and lhat no tax,
toll, impostor wharfage shall be demanded or received from
the owner of any merchandise or commodity, for the use of
the shores, or any wharf erected on the shores, or in, or over
the waters of any navigable stream, unless the same be ex¬
pressly authorized by law.

Sec. 26. That the citizens have a right, in a peaceable
manner, to assemble together for the common good, and to
apply to those invested with the power of government for re¬
dress of grievances, or other purposes, by petition, address or
remonstrance.

Sec. 27. That every citizen has a right to bear arms in de¬
fense of himself and the State.

Sec. 28. That no standing army shall be kept up without
the consent of the General Assembly; and, in that case, no
appropriation for its support shall be made for a longer term
than one year; and the military shall, in all cases, and at all
times, be in strict subordination to the civil power.

Sec. 29. That no soldier shall, in time of peace, be quar¬
tered in any house, without the consent of the owner; nor in
time of war, but in a manner to be prescribed by law.

Sec. 30. That no title of nobility, or hereditary distinction,
privilege, honor or emolument, shall ever be granted or con-

179

ferred in this State; and that no office shall be created, the
appointment to which shall be for a longer time than during
good behavior.

Sec. 31. That immigration shall be encouraged, emigra¬
tion shall not be prohibited, and no citizen shall be exiled.

Sec. 32. That temporary absence from the State shall not
cause a forfeiture of residence once obtained.

Sec. 33. That no form of slavery shall exist in this State,
and there shall be no involuntary servitude, otherwise than
for the punishment of crime, of which the party shall have
been duly convicted.

Sec. 34. The right of suffrage shall be protected by laws
regulating elections, and prohibiting, under adequate penal¬
ties, all undue influences from power, bribery, tumult, or other
improper conduct.

Sec. 35. The people of this State accept as final the estab¬
lished fact that from the Federal Union there can be no seces¬
sion of any State.

Sec. 36. Foreigners who are or may hereafter become
bona fide residents of this State, shall enjoy the same rights
in respect to the possession, enjoyment and inheritance of
property, as native born citizens.

Sec. 37. That the sole object and only legitimate end of
government is to protect the citizen in the enjoyment of life,
liberty and property; and when the government assumes
other functions it is usurpation and oppression.

Sec. 38. No educational or property qualification for suf¬
frage or office, nor any restraint upon the same on account of
race, color or previous condition of servitude, shall be made
by law.

Sec. 39. That this enumeration of certain rights shall not
impair or deny others retained by the people.

ARTICLE II.

STATE AND COUNTY BOUNDARIES.

Sec. 1. The boundaries of this State are established and
declared to be as follows—that is to say : Beginning at the
point where the 31st degree of north latitude crosses the Per¬
dido river; thence east to the western boundary line of the
State of Georgia, thence along said line to the southern
boundary line of the State of Tennessee; thence west along
the southern boundary line of the State of Tennessee, cross¬
ing the Tennessee river, and on to the second intersection of
said river by said line; thence up said river to the mouth of
Big Bear Creek ; thence by a direct line to the northwest cor-

180

ner of Wasington county in this State, as originally formed ;
thence southerly along the line of the State of Mississippi to
the Gulf of Mexico; thence eastwardly, including all islands
within six leagues of the shore, to the Perdido river; thence
up the said river to the beginning.

Sec. 2. The boundaries of the several counties of this State,
as heretofore established by law, are hereby ratified and con¬
firmed. The General Assembly may, by a vote of two-thirds
of both houses thereof, arrange and designate boundaries for
the several counties of this State, which boundaries shall not
be altered, except by a like vote; but no new counties shall
be hereafter formed of less extent than six hundred square
miles, and no existing county shall be reduced to less extent
than six hundred square miles, and no new county shall be
formed which does not contain a sufficient number of inhab¬
itants to entitle it to one representative, under the ratio of
representation existing at the time of its formation, and leave
the county or counties from which it is taken with the re¬
quired number of inhabitants entitling such county or coun¬
ties to separate representation.

ARTICLE III.

DTSTBIBUTION OF POWERS OF GOVERNMENT.

Sko. 1 . The powers of the government of the State of A1&-
bai<i-i shall be divided into three distinct departments, each
of which shall be confided to a separate body of magistracy,
to-wit: Those which are legislative to one; those which are
executive to another; and those which are judicial to an¬
other.

Sec. 2. No person or collection of persons, being of one of
those departments, shall exercise any power properly belong¬
ing to either of the others, except in the instances hereinafter
expressly directed or permitted.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

Sec. 1. The legislative power of this State shall be vested
in a General Assembly, which shall consist of a Senate and
House of Representatives.

Sec. 2. The style of the laws of this State shall be, “ Be it
enacted by the General Assembly of Alabama;” each law
shall contain but one subject, which shall be clearly expressed
in its title, except general appropriation bills, general revenue
bills, and bills adopting a code digest or revision of statutes;

181

and no law shall be revived, amended, or the provisions there¬
of extended or conferred by reference to its title only ; but bo
much thereof as is revived, amended, extended or conferred,
shall be re-enacted and published at length.

Sec. 3. Senators and representatives shall be elected by the
qualified electors on the first Monday in August, 1876, and
one-halt of the senators and all the representatives shall be
elected every two years thereafter, unless the General Assem¬
bly shall change the time of holding elections. The terms of
the office of the senators shall be four years, and that of the
representatives two years, commencing on the day after the
general election, except as otherwise provided in this consti¬
tution.

Sec. 4. Senators shall be at least 27 years of age, and rep¬
resentatives 21 years of age; they shall have been citizens
and inhabitants of this State for three years, and inhabitants
of their respective counties or districts one year next before
their election, if such county or district shall have been so
long established, but if not, then of the county or district from
which the same shall have been taken; and they shall reside
in their respentive counties or districts during their terms of
service.

Sec. 5. The General Assembly shall meet biennially at the
capitol, in the senate chamber and in the hall of the house of
representatives, (except in cases of destruction of the capitol
or epidemics, when the Governor may convene them at such
place in the State as he may deem best)—on the day specified
in this constitution, or on such other day as may be prescribed
by law, and shall not remain in session longer than sixty days
at the first session held under this constitution, nor longer
than fifty days at any subsequent session.

Sec. 6. The pay of the members of the General Assembly
shall be four dollars per day, and ten cents per mile in going
to and returning from the seat of government, to be computed
by the nearest usual route traveled.

Sec. 7. The General Assembly shall consist of not more
than thirty-three senators, and not more than one hundred
members of the house of representatives, to be apportioned
among the several districts and counties as prescribed in this
constitution.

Sec. 8. The Senate, at the beginning of each regular session
and at such other times as may be necessary, shall elect one
of its members president thereof, and the house of represent¬
atives, at the beginning of each regular session, shall elect
one of its members as speaker; and the president of the sen¬
ate and the speaker of the house of representatives shall hold

182

their offices respectively until their successors are elected and
qualified. Each house shall choose its own officers, and
shall judge of the election, returns and qualifications of its
members.

Sec. 9. At the general election in the year 1876, senators
shall be elected in the even numbered districts, to serve for
two years, and in the odd numbered districts to serve for four
years, so that thereafter one-half the senators may be chosen
biennially. Members of the house of representatives shall
be elected at the general election every second year. The
time of service of senators and representatives shall begin on
the day after their election, except the terms of those elected
in 1876, which shall not begin until the term of the present
members shall have expired. Whenever a vacancy shall occur
in either house, the Governor for the time being shall issue a
writ of election to fill such vacancy for the remainder of the
term.

Sec. 10. A majority of each house shall constitute a quorum
to do business, but a smaller number may adjourn from day
to day, and may compel the attendance of absent members in
such manner and under penalties as each house may pro¬
vide.

Sec. 11. Each house shall have power to determine the
rules of its proceedings, and punish its members or other
persons for contempt or disorderly behaviour in its presence,
to enforce obedience to its process, to protect its members
against violence, or offers of bribes or corrupt solicitation,
and with the concurrence of two-thirds of either house to ex¬
pel a member, but not a second time for the same cause; and
shall have all the powers necessary for the legislature of a
free State.

Sec. 12. A member of either house expelled for corruption,
shall not thereafter be eligible to either house; and punish¬
ment for contempt or disorderly behavior, shall not bar an
indictment for the same offense.

Sec. 13. Each house shall keep a journal of its proceedings
and cause the same to be published immediately after its ad¬
journment, excepting such parts as in its judgment may re¬
quire secrecy; and the yeas and nays of the members of either
house on any question shall, at the desire of one-tenth of the
members present, be entered on the journals. Any member
of either house shall have liberty to dissent from or protest
against any act or resolution which he may think injurious to
the public or an individual, and have the reasons for his dis¬
sent entered on the journals.

Sec, 14. Members of the General Assembly shall in all cases,

183

except treason, felony, violation of their oath of office and
breach of the peace, be privileged from arrest during their
attendance at the sessions of their respective houses, and in
going to and returning from the same, and for any speech or
debate in either house they shall not be questioned in any
other place.

Sec. 15. The doors of each house shall be open, except on
such occasions as in the opinion of the house may require
secrecy.

Sec. 16. Neither house shall, without the consent of the
other, adjourn for more than three days, nor to any other place
than that in which they may be sitting.

Sec. 17. No senator or representative shall, during the term
for which he shall have been elected, be appointed to any
civil office of profit, under this State, which shall have been
created or the emoluments of which shall have been increased
during such term, except such office as may be filled by elec¬
tion by the people.

Sec. 18. No person hereafter convicted of embezzlement of
public money, bribery, perjury, or other infamous crime, shall
be eligible to the General Assembly, or capable of holding
any office of trust or profit in this State.

Sec. 19. No law shall be passed except by bill, and no bill
shall be so altered or amended on its passage through either
house as to change its original purpose.

Sec. 20. No bill shall become a law until it shall have been
referred to a committee of each house and returned there¬
from.

Sec. 21. Every bill shall be read on three different days in
each house—and no bill shall become a law unless on its final
passage it be read at length and the vote be taken by yeas
and nays, the names of the members voting for and against
the same be entered on the journals, and a majority of each
house be recorded thereon as voting in its favor, except as
otherwise provided in this constitution.

Sec. 22. No amendment to bills by one house shall be con¬
curred in by the other except by a vote of a majority thereof,
taken by yeas and nays, and the names of those voting for
and against recorded upon the journals; and reports of com¬
mittees of conference shall in like manner be adopted in each
house.

Sec. 23. No special or local law shall be enacted for the
benefit of individuals or corporations in cases which are or
can be provided for by a general law, or where the relief
sought can be given by any court of this State. Nor shall
the operation of any general law be suspended by the Gen-

184

eral Assembly for the benefit of any individual, corporation
or association.

Sec. 24. No local or special law shall be passed on a sub¬
ject which cannot be provided for by a general law, unless no¬
tice of the intention to apply therefor shall have been pub¬
lished in the locality where the matter or things to be affected
may be situated, which notice shall be at least twenty days
prior to the introduction into the General Assembly of such
bill—the evidence of such notice having been given, shall be
exhibited to the General Assembly before such act shall be
passed; Provided, That the provisions of this constitution as
to special or local laws, shall not apply to public or educa¬
tional institutions of, or in this State, nor to industrial, min¬
ing, immigration or manufacturing corporations or interests,
or corporations for constructing canals, or improving naviga¬
ble rivers and harbors of this State.

Sec. 25. The General Assembly shall pass general laws,
under which local and private interests shall be provided for
and protected.

26. The General Assembly shall have no power to authorize
lotteries or gift enterprises for any purpose, and it shall pass
laws to prohibit the sale of lottery or gift enterprise tickets,
or tickets in any scheme in the nature of a lottery, in this
State, and all acts or parts of acts heretofore passed by the
General Assembly of this State, authorizing a lottery or lot¬
teries, and all acts amendatory thereof or supplemental
thereto, are hereby avoided.

Sec. 27. The presiding officer of each house shall, in the
presence of the house over which he presides, sign all bills and
joint resolutions passed by the General Assembly, after the
titles have been publicly read immediately before signing, and
the fact of signing shall be entered on the journal.

Sec. 28. The General Assembly shall prescribe by law the
number, duties and compensation of the officers and employes
of each house, and no payment shall be made from the State
Treasury, or be in any way authorized to any person, except
to an acting officer or employe, elected or appointed in pur¬
suance of law.

Sec. 29. No bill shall be passed giving any extra compen¬
sation to any public officer, servant or employe, agent or con¬
tractor, after the services shall have been rendered, or con¬
tract made; nor shall any officer of the State bind the State
to the payment of any sum of money but by authority of law.

Sec. 31). All stationery, printing, paper and fuel used in
\1be legislative and other departments of government, shall be
i T j*rPJ»hed, and the printing, binding and distribution of laws.

185

journals, department reports, and all other printing and bind¬
ing, and repairing and furnishing the halls and rooms used
for the meetings of the General Assembly and its committees,
shall be performed under contract, to be given to the lowest
responsible bidder below a maximum price, and under such
regulations as shall be prescribed by law; no member or offi¬
cer of any department of the government shall be in any way
interested in such contracts, and all such contracts shall be
subject to the approval of the Governor, State Auditor and
State Treasurer.

Sec. 31. All bills for raising revenue shall originate in the
House of Representatives, but the Senate may propose
amendments as in other bills.

Sec. 32. The general appropriation bill shall embrace
nothing but appropriations for the ordinary expenses of the
executive, legislative and judicial departments of the State,
interest on the public debt and for the public schools; all
other appropriations shall be made by separate bills, each
embracing but one subject.

S®c. 33. No money shall be paid out of the treasury except
upon appropriations made by law, and on warrant drawn by
the proper officer in pursuance thereof, and a regular state¬
ment and account of receipts and expenditures of all public
moneys shall be published annually in such manner as may
be by law directed.

Sec. 34. No appropriation shall be made to any charitable
or educational institution not under the absolute control of
the State, other than Normal schools established by law for
the professional training of teachers for the public schools of
the State, except by a vote of two-thirds of all the members
elected to each house.

Sec. 35. No act of the General Assembly shall authorize
the investment of any trust funds by executors, administra¬
tors, guardians and other trustees, in the bonds or stock, of
any private corporation ; and any such acts now existing are
avoided, saving investments heretofore made.

Sec. 36. The power to change the venue in civil and crim¬
inal causes is vested in the courts, to be exercised in such
manner as shall be provided by law.

Sec. 37. When the General Assembly shall be convened in
special session, there shall be no legislation upon subjects
other than those designated in the proclamation of the Gov¬
ernor calling such session.

Sec. 38. No State office shall be continued or created for
the inspection or measuring of any merchandise, manufacture

186

or commodity, but any county or municipality may appoint
such officers, when authorized by law.

Sec. 89. No «|ct of the General Assembly changing the
seat of government of the State, shall become a law until the
same shall have been submitted to the qualified electors of
the State at a general election, and approved by a majority of
such electors voting upon the same, and such act shall specify
the proposed new location.

Sec. 40. A member of the General Assembly who shall
corruptly solicit, demand or receive, or consent to receive, di¬
rectly or indirectly, for himself or for another, from any com¬
pany, corporation, or person, any money, office, appointment,
employment, reward, thing of value or enjoyment, or of per¬
sonal advantage, or promise thereof for his vote or official in¬
fluence, or for withholding the same, or with an understand¬
ing, expressed or implied, that his vote or official action shall
be in any way influenced thereby, or who shall solicit or de¬
mand any such money or other advantage, matter or thing
aforesaid, for another, as the consideration of his vote or offi¬
cial influence, or for withholding the same, or shall give or
withhold his vote or influence in consideration of the payment
or promise of such money, advantage, matter or thing to
another, shall be guilty of bribery within the meaning of this
constitution, and shall incur the disabilities provided thereby
for such offense, and such additional punishment as is or shall
be provided by law.

Sec. 4i. Any person who shall, directly or indirectly, offer,
give or promise any money or thing of value, testimonial,
privilege or personal advantage to aDy executive or judicial
officer, or member of the General Assembly to influence him
in the performance of any of his public or official duties, shall
be guilty of bribery, and be punished in such manner as shall
be provided by law.

Sec. 42. The offense of corrupt solicitation of members of
the General Assembly, or of public officers of this State, or
of any municipal division thereof, and any occupation or
practice of solicitation of such member or officers to influence
their official action shall be defined by law, and shall be pun¬
ished by fine and imprisonment.

Sec. 43. A member of the General Assembly who has a
personal or private interest in any measure or bill, proposed
or pending before the General Assembly, shall disclose the
fact to the house of which he is a member, and shall not vote
thereon.

Sec. 44. In all elections by the General Assembly, the

187

members shall vote viva voce, and the votes shall be entered
on the journals.

Sec. 45. It shall be the duty of the General Assembly to
pass such laws as may be necessary and proper to decide dif¬
ferences by arbitrators, to be appointed by the parties who
may choose that mode of adjustment.

Sec. 46. It shall be the duty of the General Assembly, at
its first session after the ratification of this constitution, and
within every subsequent period of ten years, to make provis-
ipn by law for the revision, digesting and promulgation of the
public statutes of this State of a general nature, both civil
and criminal.

Sec. 47. The General Assembly shall pass such penal laws
as they may deem expedient to suppress the evil practice of
dueling.

Sec. 48. It shall be the duty of the General Assembly to
regulate by law the cases in which deductions shall be made
from the salaries of public officers for neglect of duty in their
official capacities, and the amount of such deductions.

Sec. 49. It shall be the duty of the General Assembly to
require the several counties of this State to make adequate
provision for the maintenance of the poor.

Sec. 50. The General Assembly shall not have power to
authorize any municipal corporation to pass any laws incon¬
sistent with the general laws of this State.

Sec. 51. In the event of annexation of any foreign terri¬
tory to this State, the General Assembly shall enact laws ex¬
tending to the inhabitants of the acquired territory all the
rights and privileges which may be required by the terms of
the acquisition, anything in this constitution to the contrary
notwithstanding.

Sec. 52. The General Assembly shall not tax the property,
real and personal, of the State, counties or other municipal
corporations, or cemeteries ; nor lots in incorporated cities or
towns, or within one mile of any city or town, to the extent
of one acre, nor lots one mile or more distant from such cities
or towns, to the extent of five acres, with the buildings there¬
on, when the same are used exclusively for religious worship,
for schools, or for purposes purely charitable; nor such pro¬
perty, real or personal, to an extent not exceeding twenty-five
thousand dollars in value, as may be used exclusively for ag¬
ricultural or horticultural associations of a public character.

Sec. 53. The General Assembly shall by law prescribe such
rules and regulations as may be necessary to ascertain the
value of personal and real property exempted from sale under

188

legal process by this constitution, and to secure the same to
the claimant thereof as selected.

Sec. 54. The State shall not engage in works of internal
improvement, nor lend money or its credit in aid of such ;
nor shall the State be interested in any private or corporate
enterprise, or lend money or its credit to any individual, asso¬
ciation or corporation.

Sec. 55. The General Assembly shall have no power to
authorize any county, city, town, or other subdivision of this
State, to lend its credit, or to grant public money or thing of
value in aid of, or to any individual, association or corpora¬
tion whatsoever, or to become a stockholder in any such cor¬
poration, association or company, by issuing bonds or other¬
wise.

Sec. 55. There can be no law of this State impairing the
obligation of contracts by destroying or impairing the remedy
for their enforcement; and the General Assembly shall have
no power to revive any right or remedy which may have be¬
come barred by lapse of time or by any statute of this State.

ARTICLE V.

EXECUTIVE DEPARTMENT.

Sec. 1. The executive department shall consist of a Gov¬
ernor, Secretary of State, State Treasurer, State Auditor,
Attorney General and Superintendent of Education, and a
Sheriff for each county.

Sec. 2. The supreme executive power of this State shall be
vested in a Chief Magistrate, who shall be styled “ The Gov¬
ernor of the State of Alabama/’

Sec. 5. The Governor, Secretary of State, State Treasurer,
State Auditor and Attorney General shall be elected by the
qualified electors of this State, at the same time and places
appointed for the election of members of the General Assem¬
bly.

Sec. 4. The returns of every election for Governor, Secre¬
tary of State, State Auditor, State Treasurer and Attorney
General, shall be sealed up and transmitted by the returning
officers to the seat of government, directed to the Speaker of
the House of Representatives, who shall, during the first week
of the session to which said returns shall be made, open and
publish them in the presence of both houses of the General
Assembly in joint convention. The person having the highest
number of votes for either of said offices shall be declared
duly elected; but if two or more shall have an equal and the
highest number of votes for the same office, the General As-

189

sembly, by joint vote, without delay, shall choose one of said
persons for said office. Contested elections for Governor,
Secretary of State, State Auditor, State Treasurer and Attor¬
ney General shall be determined by both houses of the Gen¬
eral Assembly in such manner as may be prescribed by law.

Sec. 5. The Governor, Secretary of State, State Treasurer,
State Auditor and Attorney General shall hold their respective
offices for the term of two years from the time of their in¬
stallation in office and until their successors shall be elected
and qualified.

Sec. 6 . The Governor shall be at least thirty years of age
when elected, and shall have been a citizen of the United
States ten years and a resident citizen of this State at least
seven years next before the day of his election.

Sec. 7. The Governor, Secretary of State, State Treasurer,
State Auditor and Attorney General shall reside at the seat of
government of this State during the time they continue in
office (except in case of epidemics); and they shall receive
compensation for their services, which shall be fixed by law,
and which shall not be increased or diminished during the
term for which they shall have been elected.

Sec. 8. The Governor shall take care that the law6 be faith¬
fully executed.

Sec. 9. The Governor may require information in writing,
under oath, from the officers of the executive department on
any subject relating to the duties of their respective offices;
and he may at any time require information in writing, under
oath, from all officers and managers of State institutions,
upon any subject relating to the condition, management and
expenses of their respective offices and institutions; and any
such officer or manager who makes a false report shall be
guilty of perjury and punished accordingly.

Sec 10. The Governor may, by proclamation, on extraor¬
dinary occasions, convene the General Assembly at the seat
of government, or at a different place, if, since their last ad¬
journment, that shall have become dangerous from an enemy
or from infectious or contagious diseases; and he shall state
specifically in such proclamation each matter concerning
which the action of that body is deemed necessary.

Sec. 11. The Governor shall, from time to time, give to the
General Assembly information of the state of the government,
and recommend to their consideration such measures as he
may deem expedient, and at the commencement of each ses¬
sion of the General Assembly, and at the close of his term of
office, give information by written message of the condition
of the State, and he shail account to the General Assembly,

190

as may be prescribed by law, for all moneys received and paid
out by him from any funds subject to his order, with the
vouchers therefor, and he shall at the commencement of each
regular session present to the General Assembly estimates of
the amount of money required to be raised by taxation for all
purposes.

Sec. 12. The Governor shall have power to remit fines and
forfeitures, under such rules and regulations as may be pre¬
scribed by law, and after conviction to grant reprieves, com¬
mutation of sentence and pardons (except in cases of treason
and impeachment); but pardons in cases of murder, arson,
burglary, rape, assault with intent to commit rape, perjury,
forgery, bribery and larceny, shall not relieve from civil and
political disability unless specifically expressed in the pardon.
Upon conviction of treason, the Governor may suspend the
execution of the sentence and report the same to the General
Assembly at the next regular session, when the General As¬
sembly shall either pardon, commute the sentence, direct its
execution, or grant further reprieve. He shall communicate
to the General Assembly at every regular session each case of
reprieve, commutation or pardon granted, with his reasons
therefor; stating the name and crime of the convict, the
sentence, its date, and the date of the reprieve, commutation
or pardon.

Seo. 13. Every bill, which shall have passed both houses
of the General Assembly, shall be presented to the Governor;
if he approve, he shall sign it, but if not, he shall return it
with his objections to that house in which it shall have orig¬
inated, who shall enter the objections at large upon the jour¬
nals, and the house to which such bill shall be returned, shall
proceed to reconsider it; if after such reconsideration a ma¬
jority of the whole number elected to that house, shall vote
for the passage of such bill, it shall be sent, with the objec¬
tions, to the other house, by which it shall likewise be recon¬
sidered ; if approved by a majority of the whole number
elected to that house, it shall become a law; but in such
cases, the vote of both houses shall be determined by yeas
and nays, and the names of the members voting for or against
the bill, shall be entered upon the journals of each house re¬
spectively ; if any bill shall not be returned by the Governor
within five days (Sundays excepted) after it shall have been
presented to him, the same shall be a law, in like manner as
if he had signed it, unless the General Assembly by their ad¬
journment prevent its return, in which case it shall” not be a
law. And every order, vote, or resolution, to which the con¬
currence of both houses may be necessary (except questions

191

of adjournment, and of bringing on elections by the two
houses, and of amending this constitution,) shall be presented
to the Governor, and before the same shall take effect be ap¬
proved by him, or being disapproved shall be repassed by
both houses, according to the rules and limitations prescribed
in the case of a bill.

Sec. 14. The Governor shall have power to disap¬
prove of any item or items of any bill making appropria¬
tions of money, embracing distinct items, and the part or
parts of the bill approved shall be the law, and the item or
items of appropriations disapproved shall be void, unless re¬
passed according to the rules and limitations prescribed for
the passage of other bills over the Executive veto, and he
shall, in writing, state specifically the item or items he dis¬
approves.

Sec. 15. In case of the impeachment of the Governor, his
removal from office, death, refusal to qualify, resignation, ab¬
sence from the State, or other disability, the President of the
Senate shall exercise all the power and authority appertain¬
ing to the office of Governor, until the time appointed for the
election of Governor shall arrive, or until the Governor who
is absent or impeached, shall return or be acquitted, or other
disability be removed, and if during such vacancy in the office
of Governor, the President of the Senate shall be impeached,
removed from office, refuse to qualify, die, resign, be absent
from the State, or be under any other disability, the Speaker
of the House of Representatives shall in like manner admin¬
ister the Government. If the Governor shall be absent from
the State over twenty days, the Secretary of State shall notify
the President of the Senate, who shall enter upon the duties
of Governor, and if the Governor and President of the Senate
shall both be absent from the State over twenty days, the
Secretary of State shall notify the Speaker of the House of
Representatives, and in such case he shall enter upon and
discharge the duties of Governor, until the return of the Gov¬
ernor or President of the Senate.

Sec. lb. The President of the Senate and Speaker of the
House of Representatives shall, during the time they respec¬
tively administer the government, receive the same compensa¬
tion which the Governor would have received if he had been
employed in the duties of his office ; Provided, That if the
General Assembly shall be in session during such absence,
they, or either of them, shall receive no compensation as mem¬
bers of the General Assembly while acting as Governor.

Sec. 17. No person shall, at one and the samet time, hold
the office of Governor of this State and any other office, civil

192

or military, either under this State, the United States, or any
other State or government, except as otherwise provided in
this Constitution.

Sec. 18. The Governor shall be Commander-in-Chief of the
militia and volunteer forces of the State, except when they
shall be called into the service of the United States, and he
may call out the same to execute the laws, suppress insurrec¬
tion and repel invasion ; but he need not command in person,
unless directed to do so by a resolution of the General Assem¬
bly, and when acting in the service of the United States he
shall appoint his staff and the General Assembly shall fix
his rank.

Sec. 19. No person shall be eligible to the office of Secreta¬
ry of State, State Treasurer, State Auditor, or Attorney Gen¬
eral, unless he shall have been a citizen of the United States
at least seven years, and shall have resided in this State at
least five years next preceding his election, and shall be at
least twenty-five years old when elected.

Sec. 20. There shall be a great seal of the State, which
shall be used officially by the Governor; and the seal now in
use shall continue to be used until another shall have been
adopted by the General Assembly. The said seal shall be
called the “Great seal of the State of Alabama.”

Sec. 21. The secretary of state shall be the custodian of the
seal of the State, and shall authenticate therewith all official
acts of the Governor, his approval of laws and resolutions ex¬
cepted. He shall keep a register of the official acts of the
Governor, and when necessary shall attest them, and lay cop¬
ies of same, together with copies of all papers relative there¬
to, before either House of the General Assembly, whenever
required to do so, and shall perform such other duties as may
be prescribed by law.

Sec. 22. All grants and commissions shall be issued in the
name and by the authority of the State of Alabama, sealed
with the great seal, signed by the Governor and countersigned
by the secretary of state.

Sec. 23. Should the office of secretary of state, state treas¬
urer, state auditor, attorney general or superintendent of ed¬
ucation become vaoant, for any of the causes specified in sec¬
tion fifteen of this article, the Governor shall fill the vacancy
until the disability is removed or a successor elected and
qualified.

Sec. 24. The state treasurer, state auditor, and attorney
general, shall perform such duties as may be prescribed by
law. The state treasurer and state auditor shall every year,
at a time the General Assembly may fix, make a full and com-

193

piete report to the Governor, showing all ‘ receipts and dis¬
bursements of revenue, of every character, all claims audited
and paid by the state, by items, and all taxes and revenue
collected and paid into the treasury, and from what sources,
and they shall make reports oftener on any matter pertaining
to their office, if required by the Governor, or the General
Assembly.

Sec. 25. The state auditor, state treasurer, and secretary of
state shall not, after the expiration of the terms of those now
in office, receive to their use any fees, costs, perquisites of
office, or compensation other than their salaries as prescribed
by law; and all fees that may be payable by law, for any ser¬
vice performed by either of such officers, shall be paid in ad¬
vance into the state treasury.

Sec. 26. A sheriff shall be elected in each county by the
qualified electors thereof, who shall hold his office for the term
of four years, unless sooner removed, and shall be ineligible
to such office as his own successor ; Provided, That sheriffs
elected on the first Monday in August, 1877, or at such other
time as may be prescribed by law for the election in that year,
shall hold their offices for the term of three years, and until
their successors shall be elected and qualified. In the year
1880, at the general election for members to the General As¬
sembly, sheriffs shall be elected for four years as herein pro¬
vided. Vacancies in the office of sheriff shall be filled by the
Governor, as in other cases, and the person appointed shall
continue in office until the next general election in the county
for sheriff, as provided by law.

ARTICLE VI.

JUDICIAL DEPAKTMENT.

Section 1. The judicial power of the State shall be vested
in the Senate, sitting as a court of impeachment, a supreme
court, circuit courts^ chancery courts, courts of probate, such
iuferior courts of law and equity, to consist of not more than
five members, as the General Assembly may from time to
time establish, and such persons as may be by law invested
with powers of a judicial nature.

Sec. 2. Except in cases otherwise directed in the Constitu¬
tion, the supreme court shall have appellate jurisdiction only,
which shall be coextensive with the State, under such restric¬
tions and regulations, not repugnant to this Constitution, as
may from time to time be prescribed by law; Provided, That
said court shall have power to issue writs of injunction, habeas
corpus, quo-warranto, and such other remedial and original

13

194

writs as may be necessary to give it a general superintend¬
ence and control of inferior jurisdictions.

Sec. 3. The supreme court shall be held at the seat of gov¬
ernment, but if that shall have become dangerous from any
cause, it may adjourn to a different place.

Sec. 4. The State shall be divided by the General Assembly
into convenient circuits, not to exceed eight in number, unless
increased by a vote of twp thirds of the members of each
house of the General Assembly, and no circuit shall contain
less than three nor more than twelve counties, and for each
circuit there shall be chosen a judge, who shall for one year
next preceding his election and during his continuance in
office reside in the circuit for which he is elected.

Sec. 5. The circuit court shall have original jurisdiction in
all matters, civil and criminal, within the State, not otherwise
in this Constitution ; but in civil cases only when the matter
or sum in controversy exceeds fifty dollars.

Sec. 6. A circuit court shall be held in each county in the
State at least twice in every year; and the judges of the sev¬
eral circuits may hold court for each other when they deem
it expedient, and shall do so when directed by law; Provided,
That the judges of the several circuit courts shall have power
to issue writs of injunction returnable into courts of chancery.

Sec. 7. The General Assembly shall have power to estab¬
lish a court or courts of chancery, with original and appellate
jurisdiction. The State shall be divided by the General As¬
sembly into convenient chancery divisions, not exceeding
three in number, unless an increase shall be made by a vote
of two-thirds of each house of the General Assembly, taken
by yeas aud nays and entered upon the journals; and the di¬
vision shall be divided into districts, and for each division
there shall be a chancellor, who shall, at the time of his elec¬
tion or appointment, and during his continuance in office, re¬
side in the division for which he shall have been elected or
appointed.

Sec. 8. A chancery court shall be held in each district, at
a place to be fixed by law, at least once in each year ; and
the chancellors may hold courts for each other, when they
deem it necessary.

Seo. 9. The General Assembly shall have power to estab¬
lish in each county withiu the State a court of probate, with
general jurisdiction for the granting of letters testamentary
and of administration, and for orphans’ business.

Sec. 10. The judges of the supreme court, circuit courts
and chancellors shall, at stated times, receive for their servi¬
ces a compensation, which shall not be diminished during

195

their official terms, but they shall receive no fees or perquis¬
ites, nor hold any office (except judicial offices) of profit or
trust under this State, or the United States, or any other
power, during the term for which they have been elected.

Sec. 11 . The supreme court shall consist of one chief
justice, and such number of associate justices as may be pre¬
scribed by law.

Sec. 12. The chief justice and associate justices of the
supreme court, judges of the circuit courts, probate courts
and chancellors, shall be elected by the qualified electors of
the State, circuits, counties, and chancery divisions for which
such courts may be established, at such time as may be pre¬
scribed by law.

Sec. 13. The judges of such inferior courts of law and
equity as may be by law established, shall be elected or ap¬
pointed, in such mode as the General Assembly may pre¬
scribe.

Sec. 14. The judges of the supreme court, circuit courts,
and chancellors, and the judges of city courts, shall have been
citizens of the United States, and of this State, for five years
next preceding their election or appointment, and shall be not
less than twenty-five years of age, and learned in the law.

Sec. 15. The chief justice and associate justices of the su¬
preme court, circuit judges, chancellors and probate judges,
shall hold office for the term of six years, and until their suc¬
cessors are elected or appointed and qualified; and the right
of such judges and chancellors to hold their offices for the
full term, hereby prescribed, shall not be affected by any
change hereafter made by law in any circuit, division or
county in the mode or time of election.

Sec. 16. The judges of the supreme court shall, by virtue
of their offices, be conservators of the peace throughout the
State; the judges of the circuit courts, within their respective
circuits, and the judges of the inferior courts within their re¬
spective jurisdictions, shall, in like manner, be conservators
of the peace.

SEC. 17. Vacancies in the office of any of the judges or
chancellors of this State shall be tilled by appointment by the
Governor, and such appointee shall hold his office for the un¬
expired term, and until his successor is elected or appointed
and qualified.

Sec. la. If in any case, civil or criminal, pending in any
circuit, chancery or city court in this State, the presiding
judge or chancellor shall, for any legal cause, be incompetent
to try, hear or render judgment in such cause; the parties or
their attorneys of record, if it be a civil case, or the solicitor

198

or other prosecuting officer, and the defendant or defendants,
if it be a criminal case, may agree upon some disinterested
person practicing in the court, and learned in the law, to act
as special judge or chancellor, to sit as a court, and to hear,
decide and render judgment in the same manner and to the
same effect as a judge of the circuit or city court or chancel¬
lor sitting as a court might do in such case. If the case be a
civil one and the parties or their attorneys of record do not
agree, or if the case be a criminal one and the prosecuting
officer and the defendant or defendants do not agree upon a
special judge or chancellor, or if either party in a civil cause
is not represented in court, the clerk of the circuit or city
court, or register in chancery, of the court in which said cause
is pending, shall appoint the special judge or chancellor, who
shall preside, try and render judgments as in this section
provided.

Sec. 19. The General Assembly shall have power to pro¬
vide for the holding of circuit and chancery courts in this
State, when the judges or chancellors thereof fail to attend
regular terms.

Sec. 20. No judge of any court of record, in this State,
shall practice law in any of the courts of this State or of the
United States.

Sec. 21. Registers in chancery shall be appointed by the
chancellors of the divisions, and shall hold office daring the
term of the chancellor making such appointment ; and such
registers shall receive as compensation for their services only
such fees and commissions as may be specifically prescribed
by law.

Sec. 22. A clerk of the supreme court shall be appointed
by the judges thereof, and shall hold office during the term of
the judges making the appointment, and clerks of such in¬
ferior courts as may be established by law shall be appointed
by the judges thereof, and shall hold office during the term of
the judge making such appointment.

Sec. 23. Clerks of the circuit court shall be elected by the
qualified electors in each county, for the term of six years.
Vacancies in such office shall be filled by the Governor for
the unexpired term.

Sec. 24. The clerk of the supreme court and registers in
chancery may be removed from office by the judges of the
supreme court and chancellors respectively, for cause, to be
entered at length upon the records of the court.

Sec. 25. Asolicitorfor each judicial circuit shall be elected by
joint ballot of the General Assembly, who shall be learned in the
law, and who shall, at the time of his election, and during his

197

continuance in office, reside in the circuit for which he is
chosen, and whose term of office shall be for six years; Pro¬
vided, That the General Assembly, at its first session thereof,
after the ratification of this constitution, shall, by joint ballot,
elect a solicitor for each judicial circuit of the State, whose
term of office shall begin on Tuesday after the first Monday
in November, 1876, and continue for four years; And, provi¬
ded, that the General Assembly may, when necessary, provide
for the election or appointment of county solicitors.

Sec. 26. There shall be elected by the qualified electors of
each precinct of the counties not exceeding two justices of the
peace and one constable. Such justices shall have jurisdic¬
tion in all civil cases wherein the amount in controversy does
not exceed $100, except in cases of libel, slander, assault and
battery, and ejectment. In all cases tried before such justi¬
ces, the right of appeal, without prepayment of costs, shall
be secured by law; Provided, that the Governor may appoint
one notary public for each election precinct in counties, and
one for each ward in cities of over 5,000 inhabitants, who, in
addition to the powers of notary, shall have and exercise the
same jurisdiction as justices of the peace within the precincts
and wards for which they are respectively appointed; Pro¬
vided, that notaries public without such jurisdiction may be
appointed. The term of office of such justice and notaries
public shall be prescribed by law.

Sec. 27. An attorney general shall be elected by the quali¬
fied electors of the State at the same timeaud places of elec¬
tion of members of the General Assembly, and whose term of
office shall be for two years, and until his successor is elected
and qualified. After his election he shall reside at the seat
of government and shall be the law officer of the State, and
shall perform such duties as may be required of him by
law.

Sec. 28. The style of all processes shall be “The State of
Alabama,” and all prosecutions shall be carried on in the
name and by the authority of the same, and shall conclude,
“Against the peace and dignity of the State.”

ARTICLE VII.

IMPEACHMENT.

Sec. 1. The Governor, Secretary of State, Auditor, Treas¬
urer, Attorney General, Superintendent of Education and
Judges of the Supreme Court may be removed from office for
willful neglect of duty, corruption in office, habitual drunken¬
ness, incompetency, or any offense involving moral turpitude
while in office, or committed under color thereof, or connected

198

therewith, by the Senate, sitting as a court for that purpose,
under oath or affirmation, on articles or charges preferred by
the House of Representatives.

Sec. 2. The chancellors, judges of the circuit courts, judges
of the probate courts, solicitors of the circuits and judges of
inferior courts from which an appeal may be taken directly to
the supreme court, may be removed from office for any of the
causes specified in the preceding section, by the supreme court,
under such regulations as may be prescribed by law.

Sec. 3. The sheriffs, clerks of the circuit, city or criminal
courts, tax collectors, tax assessors, county treasurers, coro¬
ners, justices of the peace, notaries public, constables, and all
other county officers, mayors and intendents of incorporated
cities and towns in this State, may be removed from office for
any of the causes specified in section one of this article, by
the circuit, city or criminal court of the county in which such
officers hold their office, under such regulations as may be
prescribed by law; Provided, that the right of trial by jury
and appeal in such cases be secured.

Sec. 4. The penalties in cases arising under the three pre¬
ceding sections shall not extend beyond removal from office
and disqualification from holding office under the authority
of this State, for the term for which he was elected or ap¬
pointed ; but the accused shall be liable to indictment, trial
and punishment as prescribed by law.

• ARTICLE VIII.

SUFFRAGE AND ELECTIONS.

Sec. 1. Every male citizen of the United States, and every
male person of foreign birth who may have legally declared
his intention to become a citizen of the United States before
he offers to vote, who is 21 years old or upwards, possessing
the following qualifications, shall be an elector, and shall be
entitled to vote at any election by the people, except as here¬
inafter provided:

1st. He shall have resided in the State at least one year
immediately preceding the election at which he offers to
vote.

2d. He shall have resided in the county for three months,
and in the precinot, district or ward for thirty days immedi¬
ately preceding the election at which he offers to vote; Pro¬
vided, that the General Assembly may prescribe a longer or
shorter residence in any precinct in any county, or in any
ward in any incorporated city or town having a population of
more than 5,000 inhabitants, but in no case to exceed three

199

mouths; And provided, that no soldier, sailor or marine in
the military or naval service of the United States shall acquire
a residence by being stationed in this State.

Sec. 2. All elections by the people shall be by ballot, and
all elections by persons in a representative capacity shall be
viva voce.

Sec. 3. The following classes shall not be permitted to reg¬
ister, vote or hold office :

1st. Those who shall have been convicted of treason, em¬
bezzlement of public funds, malfeasance in office, larceny,
bribery, or other crime punishable by imprisonment in the
penitentiary.

2d. Those who are idiots or insane.

Sec. 4. Electors shall in all cases, except treason, felony or
breach of the peace, be privileged from arrest during their
attendance at elections or while going to or returning there¬
from.

Sec. 5. The General Assembly shall pass laws, not incon¬
sistent with this constitution, to regulate and govern elections
in this State, and all such laws shall be uniform throughout
the State. The General Assembly may, when necessary, pro¬
vide by law for the registration of electors throughout the
State, or in any incorporated city or town thereof, and when
it is so provided no person shall vote at any election unless
he shall have registered as required by law.

Sec. 6. It shall be the duty of the General Assembly to pass
adequate laws giving protection against the evils arising from
the use of intoxicating liquors at all elections.

Sec. 7. Returns of elections for all civil officers who are to
be commissioned by the Governor, except Secretary of State,
State Auditor, State Treasurer and Attorney General, and
for members of the General Assembly, shall be made to the
Secretary of State.

ARTICLE IX.
representation.

Sec. 1. The whole number of senators shall be not less than
one-fourth or more than one-third of the whole number of
representatives.

Sec. 2. The house of representatives shall consist of not
more than one hundred members, who shall be apportioned
by the General Assembly among the several counties of the
State according to the number of inhabitants in them res¬
pectively, as ascertained by the decennial census of the Uni¬
ted States for the year 1880; wnich apportionment, when

200

made, shall not be subject to alteration until the first session
of the General Assembly after the nest decennial censuaof the
United States shall have been taken.

Sec. 3. It shall be the duty of the General Assembly, at its
first session after the taking of the decennial census of the
United States in 1880, and after each subsequent decennial
census, to fix by law the number of representatives, and ap¬
portion them among the several counties of the State; Pro¬
vided, that each county shall be entitled to at least one repre¬
sentative.

Sic. 4. It shall be the duty of the General Assembly at its
first session after the taking of the decennial census of the
United States in 1880, and after each subsequent decennial
census, to fix by law the number of senators, and to divide
the State into as many senatorial districts as there are sena¬
tors, which districts shall be as nearly equal to each other in
the number of inhabitants as may be, and each shall be enti¬
tled to one senator and no more; and which districts, when
formed, shall not be changed until the next apportioning ses¬
sion of the General Assembly after the next decennial census
of the United States shall have been taken. No county shall
be divided between two districts, and no district shall be
made of two or more counties not contiguous to each other.

Sec. 5. Should the decennial census of the United States
from any cause not be taken, or if when taken the same as to
this State is not full or satisfactory, the General Assembly
shall have power, at its first session after the time shall have
elapsed for the taking of said census, to provide for an enum¬
eration of all the inhabitants of this State, and once in each
ten years thereafter, upon which it shall be the duty of the
General Assembly to make the apportionment of representa¬
tives and senators as provided for in this article.

Sec. 6. Until the General Assembly shall make an appor¬
tionment of representatives among the several counties, after
the first decennial census of the United States as herein pro¬
vided, the counties of Autauga, Baldwin, Bibb, Blount, Cal¬
houn, Chilton, Cherokee, Choctaw, Clarke, Clay, Cleburne,
Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Dale,
DeKalb, Elmore, Etowah, Escambia, Fayette, Franklin, Gen¬
eva, Henry, Lauderdale, Marion, Morgan, Monroe, Marshall,
Randolph, Sanford, Shelby, St. Clair, Walker, Washington
and Winston shall each have one representative; the counties
of Barbour, Bullock, Butler, Chambers, Greene, Hale, Jack-
son, Jefferson, Limestone, Lawrence, Lowndes, Lee, Macon,
Marengo, Perry, Pickens, Pike, Russell, Sumter, Talladega,
Tallapoosa, Tuscaloosa and Wilcox shall have each two rep-

201

resentatives; the county of Madison shall have three repre¬
sentatives ; the counties of Dallas and Montgomery shall
have each four representatives, and the county of Mobile
shall have five representatives.

Sec. 7. Until the General Assembly shall divide the State
into senatorial districts as herein provided, the senatorial dis¬
tricts shall be as follows:

First district, Lauderdale and Limestone; second district,
Colbert and Lawrence; third district, Morgan, Winston and
Blount; fourth district, Madison; fifth district, Marshall,
Jackson and DeKalb; sixth district, Cherokee, Etowah and
St. Clair ; seventh district, Calhoun and Cleburne; eighth dis¬
trict, Talladega and Clay; ninth district, Randolph and Cham¬
bers ; tenth district, M aeon and Tallapoosa; eleventh district,
Bibb and Tuscaloosa; twelfth district,Franklin,Marion,Fay¬
ette and Sanford; thirteenth district, Walker, Jefferson and
Shelby; fourteenth district, Greene and Pickens; fifteenth
district, Coosa, Elmore and Chilton; sixteenth district,
Lowndes and Autauga; seventeenth district, Butler and Con¬
ecuh ; eighteenth district, Perry; nineteenth district, Choctaw,
Clarke and Washington; twentieth district,Marengo; twenty-
first district, Monroe, Escambia and Baldwin ; twenty-second
district, Wilcox; twenty-third district, Henry, Coffee, Dale
and Geneva; twenty-fourth district, Barbour; twenty-fifth
district, Pike, Crenshaw andOovington ; twenty-sixth district,
Bullock; twenty-seventh district, Lee; twenty-eighth district,
Montgomery; twenty-ninth district, Russell; thirtieth district,
Dallas; thirty-first district, Sumter; thirty-second district,
Hale; thirty-third district, Mobile.

ARTICLE X.

TAXATION.

Sec. 1. All taxes levied on property in this State shall be
assessed in exact proportion to the value of such property;
Provided, however, the General Assembly may levy a poll tax,
not to exceed one dollar and fifty cents on each poll, which
shall be applied exclusively in aid of the public school fund
in the county so paying the same.

Sec. 2. No power to levy taxes shall be delegated to indi¬
viduals or private corporations.

Sec. 3. After the ratification of this constitution, no new
debt shall be created against or incurred by this State or its
authority, except to repel invasion or suppress insurrection,
and then only by a concurrence of two-thirds of the members
of each house of the General Assembly, and the vote shall be

202

taken by yeas and nays and entered on the journals; and any
act creating or incurring any new debt against this Scate, ex¬
cept as herein provided for, shall be absolutely void ; Provid¬
ed, the Governor may be authorized to negotiate temporary
loans, never to exceed $100,000, to meet deficiencies in the
treasury, and until the same is paid no new loan shall be ne¬
gotiated. Provided further, that this section shall not be so
construed as to prevent the issuance of bonds in adjustment
of existing State indebtedness.

Seo. 4. The General Assembly shall not have the power to
levy, in any one year, a greater rate of taxation than three-
fourths of one per centum on the value of the taxable property
within this State.

Sec. 5. No county in this State shall be authorized to levy
a larger rate of taxation, in any one year, on the value of the
taxable property therein, than one-half of one per centum;
Provided, that to pay debts existing at the ratification of this
constitution, an additional rate of one fourth of one per cent,
may be levied and collected, which shall be exclusively ap¬
propriated to the payment of such debts or the interest
thereon. Provided further, that to pay any debt or liability
now existing against any county, incurred for the erection of
the necessary public buildings or other ordinary county pur¬
poses, or that may hereafter be created for the erection of
necessary public buildings or bridges, any county may levy
and collect such special taxes as may have been or may here¬
after be authorized by law, which taxes so levied and collected
shall be applied exclusively to the purposes for whioh the same
shall have been levied and collected.

Sec. 6. The property of private corporations, associations
and individuals of this State, shall forever be taxed at the
same rate; Provided, this section shall not apply to institu¬
tions or enterprises devoted exclusively to religious, educa¬
tional or charitable purposes.

Sec. 7. No city, town or other municipal corporation other
than provided for in this article, shall levy or collect a larger
rate of taxation, in any one year ou the property thereof, than
one-half of one per centum of the value of such property, as
assessed for State taxation during the preceding year; Pro¬
vided, that for the payment of debts existing at the time of
the ratification of this constitution, and the interest thereon,
an additional rate of one per centum may be collected, to be
applied exclusively to such indebtedness.

And provided, this section shall not apply to the city of
Mobile, which city may, until the 1st day of January, 1879,
levy a tax not to exceed the rate of one per centum, and from

203

and after that time a tax not to exceed the rate of three-fourths
of one per centum to pay the expenses of the city government,
and may also, until the 1st day of January, 1879, levy a tax
not to exceed the rate of one per centum, and from and after
that time a tax not to exceed three-fourths of one per centum
to pay the existing indebtedness of said city and the interest
thereon.

Sec. 8. At the first session of the General Assembly after
the ratification of this constitution, the salaries of the follow¬
ing officers shall be reduced at least 25 per centum, viz: Gov¬
ernor, Secretary of State, State Auditor, State Treasurer,
Attorney General, Superintendent of Education, Judges of
the Supreme and Circuit Courts, and Chancellors. And after
said reduction the General Assembly shall not have the power
to increase the same, except by a vote of a majority of all the
members elected to each house, taken by yeas and nays and
entered on the journals. Provided, this section shall not ap¬
ply to any of said officers now in office.

Sec. 9. The General Assembly shall not have the power to
require the counties or other municipal corporations to pay
any charges which are now payable out of the State Treas¬
ury.

ARTICLE XL

MILITIA.

Sec. 1. All able bodied male inhabitants of this State, be¬
tween the ages of 18 and 45 years, who are citizens of the
United States, or have declared their intention to become
such citizens, shall be liable to military duty in the militia of
the State.

Sec. 2. The General Assembly in providing for the organi¬
zation, equipment and discipline of the militia, shall conform
as nearly as practicable to the regulations for the government
of the armies of the United States.

Sec. 3. Each company and regiment shall elect its own
company and regimental officers; but if any company or reg¬
iment shall neglect to elect such officers within the time pre¬
scribed by law, they may be appointed by the Governor.

Sec. 4. Volunteer organizations of infantry, cavalry and
artillery may be formed in such manner and under such re¬
strictions, and with such privileges as may be provided by

law. *

Sec. 5. The militia and volunteer forces shall in all cases,
except treason, felony and breach of the peace, be privileged

204

from arrest during their attendance at muster, parades and
elections, and in going to and returning from the same.

Sec. 6. The Governor shall, except as otherwise provided
herein, be commander-in-chief of the militia and volunteer
forces of the State except when in the service of the United
States, and shall, with the advice and consent of the Senate,
appoint all general officers, whose term of office shall be for
four years. The Governor, the generals, and regimental and
battalion commanders, shall appoint their own staffs, as may
be provided by law.

Sec. 7. The General Assembly shall provide for the safe
keeping of the arms, ammunition and accoutrements, military
records, banners and relics of the State.

Sec. 8, The officers and men of the militia and volunteer
forces shall not be entitled to or receive any pay, rations or
emoluments when not in active service.

ARTICLE XII.

EDUCATION.

Sec. 1 . The General Assembly shall establish, organize and
maintain a system of public schools throughout the State for
the equal benefit of the children thereof, between the ages of 7
and 21 years; but separate schools shall be provided for the
children of citizens of African descent.

Sec. 2. The principal of all funds arising from the sale or
other disposition of lands or other property which has been
or may hereafter be granted or entrusted to this State, or
given by the United States for educational purposes, shall be
preserved inviolate and undiminished ; and the income aris¬
ing therefrom shall be faithfully applied to the specific objects
of the original grants or appropriations.

Sec. 3. All lands or other property given by individuals or
appropriated by the State for educational purposes, and all
estates of deceased persons who die without leaving a will or
heir, shall be faithfully applied to the maintenance of the
public schools.

Sec. 4. The General Assembly shall also provide for the
levying and collection of an annual poll tax, not to exceed
one dollar and fifty cents on each poll, which shall be applied
to the support of the public schools in the counties in which
it is levied and collected.

Sec. 5. The income arising from the sixteenth section
trust fund, the surplus revenue fund, until it is called for by
the United States Government, and the funds enumerated in
sections three and four of this article, with such other moneys,

205

to be not less than one hundred thousand dollars per annum, as
the General Assembly shall provide by taxation or otherwise,
shall be applied to the support and maintenance of the public
schools, and it shall be the duty of the General Assembly to
increase, from time to time, the public school fund, as the con¬
dition of the treasury and the resources of the State will
admit.

Sec. 6. Not more than four per cent, of all moneys raised,
or which may hereafter be appropriated for the support of
public schools shall be used or expended otherwise than for
the payment of teachers employed in such schools ; Provided,
That the General Assembly may, by a vote of two-thirds of
each house, suspend the operation of this section.

Sec. 7. The supervision of the public schools shall be
vested in a superintendent of education, whose powers, duties,
term of office and compensation shall be fixed by law. The
superintendent of education shall be elected by the qualified
voters of the State, in such manner and at such time as shall
be provided by law.

Sec. 8. No money raised for the support of the public
schools of the State shall be appropriated to or used for the
support of any sectarian or denominational school.

Sec. 9. The State University, and the Agricultural and Me¬
chanical College, shall, each, be under the management and con¬
trol of a Board of Trustees. The Board for the University shall
consist of two members from the congressional district in
which the University is located, and one from each of the
other congressional districts in the State. The Board for the
Agricultural and Mechanical College shall consist of two
members from the congressional district iu which the college
is located, and one from each of the other congressional dis¬
tricts in the State. Said trustees shall be appointed by the
Governor, by and with the advice and consent of the Senate,
and shall hold office for a term of six years, and until their
successors shall be appointed and qualified. After the first
appointment each board shall be divided into three classes, as
nearly equal as may be. The seats of the first class shall be
vacated at the expiration of two years, and those of the second
class in four years, and those of the third class at the end of
six years from the date of appointment, so that one-third
may be chosen biennially. No trustee shall receive any pay
or emolument other than his actual expenses incurred in the
discharge of his duties as such. The Governor shall bo ex
officio President, and the Superintendent of Education ex offi¬
cio a member of each of said boards of trustees.

Sec. 10. The General Assembly shall have no power to

206

change the location of the State University, or the Agricul¬
tural and Mechanical College, as now established by law, ex¬
cept upon a vote of two-thirds of the members of the General
Assembly, taken by yeas and nays and entered upon the
journals.

Sec. 11. The provisions of this article, and of any act of the
General Assembly passed in pursuance thereof, to establish,
organize and maintain a system of public schools throughout
the State, shall apply to Mobile county only so far as to au¬
thorize and require the authorities designated by law to draw
the portion of the funds to which said county will be entitled
for school purposes, and to make reports to the superintend¬
ent of education as may be prescribed by law. And all
special incomes and powers of taxation as now authorized by
law for the benefit of public schools in said county, shall re¬
main undisturbed until otherwise provided by the General
Assembly; Provided, That separate schools for each race
shall always be maintained by said school authorities.

ARTICLE XIII.

CORPORATIONS—PRIVATE CORPORATIONS.

Section 1. Corporations may be formed under general
laws, but shall not be created by special act, except for mu¬
nicipal, manufacturing, mining, immigration, industrial and
educational purposes, or for constructing canals, or improving
navigable rivers and harbors of this State, and in cases
where, in the judgment of the General Assembly, the
objects of the corporation can not be attained under
general laws. All general laws and special acts passed
pursuant to this section, may be altered, amended or re¬
pealed.

Sec. 2. All existing charters, or grants of special or exclu¬
sive privileges, under which a bona fide organization shall not
have taken place and business been commenced in good faith,
at the time of the ratification of this constitution, shall there¬
after have no validity.

Sec. 3. The General Assembly shall not remit the forfeit¬
ure of the charter of any corporation now existing, or alter
or amend the same, or pass any general or special law
for the benefit of such corporation, other than in execution of
a trust created by law or by contract, except upon the condi¬
tion that such corporation shall thereafter hold its charter
subject to the provisions of this constitution.

Sec. 4. No foreign corporation shall do any business in
this State without having at least one known place of busb

207

ness, and an authorized agent or agents therein, and sue*
corporation may be sued in any county where it does busi
ness, by service of process upon an agent anywhere in this
State.

Sec. 5. No corporation shall engage in any business other
than that expressly authorized in its charter.

Sec. 6. No corporation shall issue stock or bonds, except
for money, labor done, or money or property actually re¬
ceived ; and all fictitious increase of stock or indebtedness
shall be void. The stock and bonded indebtedness of cor¬
porations shall not be increased, except in pursuance of gen¬
eral laws, nor without the consent of the persons holding the
larger amount in value of stock, first obtained at a meeting
to be held after thirty days notice given in pursuance of
law.

Sec. 7. Municipal and other corporations and individuals,
invested with the privilege of taking private property for pub¬
lic use, shall make just compensation for the property taken,
injured, or destroyed by the construction or enlargement of
its works, highways or improvements, which compensa¬
tion shall be paid before such taking, injury or destruc¬
tion. The General Assembly is hereby prohibited from de¬
priving any person from an appeal from any preliminary
assessment of damages against any such corporations or indi¬
viduals made by viewers or otherwise; and the amount of
such damages in all cases of appeal shall, on the demand of
either party, be determined by a jury according to law.

Sec. 8. Dues from private corporations shall be secured
by such means as may be prescribed by law, but in no case
shall any stockholder be individually liable otherwise than for
the unpaid stock owned by him or her.

Sec. 9. No corporation shall issue preferred stock without
the consent of the owners of two-thirds of the stock of said
corporation.

Sec. 10. The General Assembly shall have the power to
alter, revoke or amend any charter of incorporation now ex¬
isting, and revokable at the ratification of this constitution, or
any that may hereafter be created, whenever in their opinion
it may be injurious to the citizens of the State, in such man¬
ner, however, that no injustice shall be done to the corpora¬
tors. No law hereafter enacted shall create, renew or extend
the charter of more than one corporation.

Sec. 11. Any association or corporation organized for the
purpose, or any individual, shall have the right to construct
and maintain lines of telegraph within this State, and con¬
nect the same with other lines, and the General Assembly

306

shah, by general law of uniform operation, provide reason¬
able regulations to give full effect to this section* No tele¬
graph company shall consolidate with, or hold a controlling
interest in the stook or bonds of any other telegraph company
owning a competing line, or acquire, by purchase, or other¬
wise, any other competing line of telegraph.

Sec. 12. All corporations shall have the right to sue, and
shall be subject to be sued,in all courts, in like oases as natural
persons.

Sec. 13. The term corporation, as used in this article,
shall be construed to include all joint stook companies, or
any associations having any of the powers or privileges of
corporations, not possessed by individuals or partnerships.

BANK8 AND BANNING.

Sec. 14. The General Assembly shall not have the power
to establish or incorporate any bank, or banking company, or
monied institution for the purpose of issuing bills of credit,
or bills payable to order or bearer, except under the condi¬
tions prescribed in this constitution.

Sec. 15. No bank shall be established otherwise than un¬
der a general banking law, as. provided in the thirteenth sec¬
tion of this article, nor otherwise than upon a specie basis.

Sec. 16. All bills, or notes issued as money, shall be, at
all times, redeemable in gold or silver, and no law shall be
passed sanctioning, directly or indirectly, the suspension, by
any bank or banking company, of specie payment.

Sec. 17. Holders of bank notes, and depositors, who have
not stipulated for interest, shall, fur such notes and deposits,
be entitled, in case of insolvency, to the preference of pay¬
ment over all other creditors.

Sec. 18. Every bank or banking company shall be required
to oease all banking operations within twenty years from the
time of its organization, unless the General Assembly shall
extend the time, and promptly thereafter close its busi¬
ness; but shall have corporate capacity to sue, and shall
be liable to snit, until its affairs and liabilities are fully closed.

Sec. 19. No bank shall reoeive, directly or indirectly, a
greater rate of interest than shall be allowed by law to indi¬
viduals for lending money.

Seo. 20. The State shall not be a stockholder in any bank,
nor shall the credit of the State ever be given, or loaned, to any
banking company, association, or corporation.

209

RAILROADS AND CANALS.

Sec. 21. All railroads and canals shall be public highways,
and all railroad and canal companies shall be common carriers.
Any association or corporation organized for the purpose shall
have the right to construct and operate a railroad between any
points in this State, and to connect, at the State line, with
railroads of other States. Every railroad company shall have
the right with its road to intersect, connect with, or cross any
other railroad, and shall receive and transport, each, the oth¬
er’s freight, passengers, and cars, loaded or empty, without
delay or discrimination.

Sec. 22. The General Assembly shall pass laws to correct
abuses and prevent unjust discrimination and extortion in the
rates of freights and passenger tariffs on railroads, canals and
rivers in this State.

Sec. 23. No railroad or other transportation company
shall grant free passes, or sell tickets or passes at a discount,
other than as sold to the public generally, to any member of
the General Assembly, or to any person holding office under
this State or the United States.

Sec. 24. No street passenger railway shall be constructed
within the limits of any city or town, without the consent of
its local authorities.

Sec. 25. . No railroad, canal, or other transportation com¬
pany, in existence at the time of the ratification of this con¬
stitution, shall have the benefit of any future legislation by
general or special laws, other than in execution of a trust
oreated by law or by contract, except on the condition of com¬
plete acceptance of all the provisions of this article.

ARTICLE XIY.

EXEMPTED PROPERTY.

Sec. 1. The personal property of any resident of this State
to the value of $1,000, to be selected by such resident, shall
be exempted from sale on execution, or other process of
any court, issued for the collection of any debt contracted
since the 13th day of July, 1868, or after the ratification of
this constitution.

Seo. 2. Every homestead, not exceeding eighty acres,
and the dwelling and appurtenances thereon, to be selected
by the owner thereof, and not in any city, town or village^ or
in lieu thereof, at the option of the owner, any lot in the city,
town or village, with the dwelling and appurtenances thereon,
owned and occupied by any resident of this State, and not

14

210

exceeding the value of two thousand dollars, shall be exempt
from sale on execution or any other process from a court,
for any debt contracted after the adoption of this constitu¬
tion. Such exemption, however, shall not extend to any mort¬
gage lawfully obtained, but such mortgage or other alienation
of such homestead, by the owner thereof, if a married man,
shall not be valid without the voluntary signature and assent
of the wife of the same.

Sec. 3. The homestead of a family, after the death of the
owner thereof, shall be exempt from the payment of any debts
contracted after the adoption of this constitution, in all cases,
during the minority of the children.

Sec. 4. The provisions of sections one and two of this article
shall not be so construed as to prevent a laborer’s lien for
work done and performed for the person claiming such ex¬
emption, or a mechanic’s lien for work done on the premises.

Sec. 5. If the owner of a homestead die, leaving a widow,
but no children, the same shall be exempt, and the rents and
profits thereof shall inure to her benefit.

Sec. 6. The real and personal property of any female in
this State, acquired before marriage, and all property, real
and personal, to which she may afterwards be entitled by gift,
grant, inheritance or devise, shall be and remain the separate
estate and property of such female, and shall not be liable
for any debts, obligations and engagements of her husband,
and may be devised or bequeathed by her the same as if she
were a femme sole.

Sec. 7. The right of exemptions hereinbefore secured, may
be waived by an instrument in writing, and when such waiver
relates to reality, the instrument must be signed by both the
husband and wife, and attested by one witness.

ABTICLE XY.

OATH DF OFFICE.

Sec. 1. All members of the General Assembly, and all
officers, executive and judicial, before they enter upon the ex¬
ecution of the duties of their respective offices, shall take the
following oath or affirmation, to-wit:

“I,-, solemnly swear [or affirm, as the case may be,]

that I will support the Bonstitution of the United States, and
the Constitution of the State of Alabama, so long as I con¬
tinue a citizen thereof; and that I will faithfully and honestly
discharge the duties of the office upon which I am about to
enter, to the best of my ability, so help me God.”

Which oath may be administered by the presiding officer

211

of either house of the General Assembly, or any officer au¬
thorized by law to administer an oath.

ARTICLE XVI.

MISCELLANEOUS PEOVISIONS.

Sec. 1 . No persop holding an office of profit under the
United States, except postmasters whose annual salary does
not exceed two hundred dollars, shall, during his continuance
in such office, hold any office of profit under this State; nor
shall any person hold two offices of profit at one and the
same time under this State, except justices of the peace, con¬
stables, notaries public and commissioners of deeds.

Sec. 2. It is made the duty of the General Assembly to
enact all laws necessary to give effect to the provisions of this
Constitution.

ARTICLE XVII.

MODE OF AMENDING THE CONSTITUTION.

Sec. 1. The General.Assembly may, whenever two-thirds of
each house shall deem it necessary, propose amendments to
this constitution, which, having been read three times on
three successive days, shall be duly published, in such man¬
ner as the General Assembly may direct, at least three months
before the next general election for representatives, for the
consideration of the people; and it shall be the duty of the
several returning officers, at the next general election which
shall be held for representatives, to open a poll for the vote
of the qualified electors on the proposed amendments, and to
make a return of said vote to the Secretary of State; and if
it shall thereupon appear that a majority of all the qualified
electors of the State, who voted for representatives, voted in
favor of the proposed amendments, said amendments shall
be valid to all intents and purposes as parts of this constitu¬
tion, and the result of such election shall be made known by
proclamation of the Governor.

Sec. 2. No convention shall hereafter be held for the pur¬
pose of altering or amending the constitution of this State,
unless the question of convention or no convention shall be
first submitted to a vote of all the electors twenty-one years
of age and upwards, and approved by a majority of electors
voting at said election.

MEMORIAL.

To the Honorable the Senate and

House of Representatives in Congress assembled:

The people of the State of Alabama, by their delegates in
convention assembled at Montgomery, beg leave most res¬
pectfully to make this statement of facts and present this
their memorial:

Many years ago, by acts of congress, the 16th section of
each township of the public lands lying in Alabama, was
granted to the people of such township, to be held or to be
disposed of in the manner prescribed in said acts, and the
proceeds thereof to be held for aiding in establishing and sus¬
taining public schools for the education of the youth in such
township. In conformity with the provisions of said grant,
a considerable portion of said lands are still unsold, but far
the larger portion thereof has been sold, and the proceeds of
such sale been merged into the general fund of the State, and
is now held in trust by the State for the people of said town¬
ships. The annual income arising from the interest, at 8 per
cent, per annum, on such proceeds, is the sum of $189,216, all
of which has been faithfully applied to the purposes provided
in the grant. During the past year the people of Alabama
added to this sum, by taxation and other sources of income,
a large amount, which added thereto, makes the sum of $562,-
000, which has been raised, and used in carrying on a
system of free public schools, with the most gratifying re¬
sults. When the money arising from the sale of these six¬
teenth section lands was realized, and when all other trust
funds held by the State for educational purposes came into
the State treasury, they were used and expended by the
State, so that the interest to be paid on these trust funds in
the hands of the State must be paid annually out of sums col¬
lected as taxes from the people, as well as the other moneys
appropriated to school purposes.

There are in the State, between the ages of five and twenty-
one years, 427,000 children to be educated, and their educa¬
tion must be provided for by taxation of a people whose tax¬
able property, real and personal, for the year 1874, was ascer¬
tained to be only $159,000,000. When it is considered that
our State is burdened with liabilities aggregating but little
less than $30,000,000, and that nearly one-half of the popula-

213

tion are. without educatioD, having but recently emerged
from a condition of slavery, it will be seen that the burden of
providing for such a system of education as will supply the
imperative wants of the people is a very heavy one ; that in
the present impoverished and prostrate condition of the peo¬
ple it is impossible fully to meet the want. It is greatly de¬
sired that the efficiency and power for the good of our free
school system should be increased. Unless this can be done
we greatly fear that large numbers of our youth will necessa¬
rily grow up without adequate provision for such moral and
mental development as to make them intelligent and useful
citizens. Oar people by the accidents of war, and the neces¬
sary results of a complete revolution of the labor system and
a radical change in the social organization, have become so
impoverished that they cannot now sustain schools by any
voluntary system, and inasmuch as the fund now available to
the State to supply the want are insufficient, the consequences
to the future prosperity and culture of the people is a matter
of grave concern, not only to the citizens of this State but to
all the people of the United States.

We, therefore, most respectfully ask that Congress make
provision for our educational wants by grants of lands, or the
proceeds of the sale thereof, of one additional section to each
township in the State, with such restrictions as to the mode
of disposing of such proceeds and a proper application of the
same as may seem advisable. By such manifestations of lib¬
erality and kind provisions for the wants of our people in this
their extremity, tne greatest good will result not alone in the
actual and immediate benefit, but in their permanent and con¬
sequential advancement.

And further, that by an Act of Congress approved many
years ago, a large number of acres of land, seventy-two sec¬
tions, was granted to the State of Alabama, the proceeds of
the sale of which were to be used in founding and maintaining
a University for giving instruction in the higher branches of
education. In accordance with the terms of the grant said
lands were sold in great part, and out of the proceeds of such
sale the University of Alabama was founded and located in
the city of Tuscaloosa, in the year 1831. Suitable buildings
were erected, a costly chemical and philosophical apparatus,
a valuable and complete cabinet of fossils and minerals, an
observatory with many valuable astronomical instruments, and
a library of many thousand rare and valuable books were pro¬
vided, and the University at once entered upon a long and
prosperous career of usefulness. From 1831 to 1865 thou¬
sands of the youth of this and adjoining States received in¬
struction in its ample halls, and reaped rich harvests of intel-

214

lectual wealth. Bat war between the States came on, thb
passions of men became aroused, and on the 3d day of April,
1866, the University, with its splendid buildings, library, cab¬
inet and apparatus, were destroyed by fire, under order from
the commander of some of the Federal troops. Without
making any question as to whether this destruction was
made m accordance with the rules and laws of war, and
whether it was a commendable or censurable act, the result
has been disastrous to the interests of the people, and as a
matter of favor as well as justice to the people of this State,
we most respectfully ask that such appropriation may be made
or such lands be granted as will secure the rebuiling and re¬
placing of said University and the said appliances. There is
now a faoulty of able and experienced professors in the Uni¬
versity with a large number of students. The State has, with
great effort, succeeded in erecting a building on the site of
those destroyed, and in collecting a few of the appliances
which the University so much needs. But the institution
cannot be placed back as it was for a much less sum than
$200,000. The University fund, arising from the sale of
lands, as aforesaid, amounts to $300,000, which is held in trust
by the State, and it is thonght that if the institution can be
again restored to its former condition, that the interest on
this sum, together with such tuition fees as will be paid, a ca¬
reer of unparalleled prosperity and usefulness will be opened.
The people, therefore, realizing the fact that in order to ren¬
der efficient the public schools in the State, and to insure her
progress in the arts and sciences, a college of the highest
character and the best facilities, is all-important, respectfully
and earnestly ask that said University, the creature of con¬
gressional bounty, be started again to cheer and make happy
the hearts of all. Respectfully submitted,

E. A. O’NEAL, Chairman.

JOHN A. FOSTER,

GEORGE P. HARRISON, Jr.,

A. 0. HARGROVE,

J. H. WHITE,

J. P. RALLS,

J. N. SWAN,

DAVID S. NOWLIN,

J. W. JONES,

B. F. WEATHERS,

R. H. POWELL,

H. J. LIVINGSTON,

H. A. CARSON,

Committee.

INDEX.

AIKEN, Mr—

Resolution fixing salaries of State officers...
Proposition fixing pay of legislators and for

biennial sessions.

. „ Proposition as section — of schedule...

AKERS, Mr.—

Resolution relative to poll tax ...............

APPEAL from decision of oh air—

By Mr. Lowe. .. ..

BATTLE, Mr.—

Proposition relative to military organization
BREWER, Mr.—

Proposition relative to liability of stock¬
holders...

BLISS, Mr.—

Proposition relative to estates of married

women.

BOLLING,Mr.— . ....

Resolution relative to exemptions.

BOOTH, Mr.—

Proposition relating to removal of the capital
Relating to mode of amending the consti¬
tution. ..

Resolution to exempt wages of laborers.

Proposition to require officers to personally
attend to such offices; and relative to col¬
lectors .

BULGER, Mr.—

Proposition against special licenses.

BURNS, Mr.—

Proposition relative to legislative and judicial

departments.

Proposition relating to property of principals

and sureties of bail bonds.

Proposition to limit the rate of taxation.

Proposition to limit rate of tax by municipal¬
ities. ..

28

31

61

34

106

18

14

13

34

28

30

33

35
33

14

30

33

33

216

BURNS, Mr.—

Resolution relative to licenses . 34

Proposition for no exemption in cases of libel 48
“ for a lien for mechanics and la¬
borers . 44

,. . Proposition relative to exemptions from taxes 46

BURTON, Mr—

Resolution for a clanse to exemptions. 31

Petition relating to size of counties (reduc¬
tion) . 84

CALLOWAY, Mr—

Resolution to make Constitution of
1819 the basis.. 16

COBB, Mr—

Resolution to appoint an enrolling clerk.... 68

COMMITTEES—

Special.12,17,165

Standing...16,17

CURTIS, Mr—

Proposition relative to exemptions. 38

DAYIS, Mr—

Resolution relative to desks for delegates- 12

for memorial to Congress. 30

Proposition relative to militia. 32

DELEGATES, names of,.3, 4 ,108

ELECTIONS—

President. 3

Subordinate officers. 8

FORWOOD, Mr—

Resolution to render exemption laws ex¬
planatory. 14

Resolution relative to a certain senatorial
distriot. 30

FLOURNOY, Mr—

Proposition to change day of election. 19

FOSTER, Mr. of Barbour—

Resolution for committee to draft

rules. 7

Resolution, courtesies to the press 11
Resolution relative to reports of

committees.. 14

Resolution for committee on “ad¬
dress” ...... ; . 18

Resolution relative to fees and per¬
quisites of officers of court. 19

217

FOSTER, Mr. of Barbour— , i

Resolution to Vacate offices m a

certain contingency. 19

Resolution to limit eateries of offi¬
cers . 19

Resolution to require officers to file

quarterly statements. 19

Resolution rendering offices vacant 19
“ for memorial to Con¬
gress . 22

FOSTER, Mr. of Hale-

Proposition i elative to education.... 28

GARRETT, Mr—

Resolution relative to rules.. 10

Resolution to reduce expenses of assess¬
ment and collection of taxes. 22

Resolution to allow no exemptions to tax

payers. 23

Resolution to reduce chancellors to two. 23

Resolution requiring the secretary to pre¬
pare for the publication of the journal 167
Resolution relative to the action of the
Convention in framing a constitution for

all classes, and for its ratification. 166

GREENE, Mr. of Choctaw-

Resolution to reduce number of

Senators. 13

Petition in behalf of corpora¬
tions. 29

GIBSON, Mr—

Proposition relative to educational fund.... 19

Resolution relative to usury. 33

“ to reduce number of cirouit judges 33

** to reduce number of chancellors.. 33

“ for two propositions relative to ex¬
emptions . 118

GORDON, Mr—

Resolution to amend exemption laws. 27

“ to reduce size of counties ••i » • • 27

HAMES, Mr—

Proposition relative to Executive veto. 30

HARGROVE, Mr—

Resolution relative to opening sessions

with grayer. 11

Resolution relating to legislative de¬
partment. 24

218

HARGROVE, Mr.—

Ordinance declaring who are tax col¬
lectors . 24

Resolution relative to time of meeting
of General Assembly.— 30

HARRISON, Mr.—

Resolution to prohibit levy of tax for the

benefit of chartered companies. 14

Resolution in relation to collection of

taxes... . 26

Proposition to prevent counties, cities,
etc., from subscriptions to railroads... 31

Resolution to classify the lands. 34

“ for forwarding a certain me¬
morial to Congress. 60

Proposition to prohibit tax for principal
or interest on bonds given to railroads 64

HEFLIN, Mr —

Resolution for lighter poll tax.. 12

Petition relative to size of counties . 64

HERNDON, Mr.—

Proposition relative to finance and taxa¬
tion . 14

Proposition relative to legislation. 14

“ “ “ exemptions_ 20

HUDSON, Mr.—

Proposition empowering General Assem¬
bly to pass exemption laws. 13

INZER, Mr.—

Resolution relative to formation of new coun¬
ties . 18

JONES, Mr.—

Resolution to amend section 82, article 4... 18

“ to declare the civil superior to the

military power. 20

Proposition relating to county boundaries

and creation of new counties. 27

Resolution relative to collection of poll tax 29

“ relative to poll taxes. 35

JOHNSON, Mr., of Macon—

Proposition relative to holding office... 34

“ prohibiting lotteries....... 34

KELLEY, Mr.—

Resolution fixing number of representatives 18
'* fixing per diem of members of
the legislature. 18

219

KNOX, Mr.—

Resolution relative to salaries,.......; k .... 32

“ to amend sction 13. article 6.... 46

LAIRD, Mr—

Proposition and resolution relating to legisla¬
tion . . 12

Proposition relative to State aid___ ..... 13

Resolution relative to county boundaries.... 26

Proposition relative to residence of Governor 32
LANGDON, Mr.

Resolution for standing committees_ 8

LEA, Mr., of Baldwin—

Resolution relative to taxes from railroads.. 33

“ to increase the judicial salaries.. 34

Proposition for hanging in prison.. 6i

LEA, Mr., of Dallas—

Proposition to limit senate and house. 29

LEWIS, Mr—

Proposition for board of public works ... 44

LITTLE, Mr—

Resolution for additional committee on

militia. 12

Proposition relative to special legislation 16

LIVINGSTON, Mr—

Proposition fixing liability of stock¬
holders . 20

Proposition to prohibit cities, &c.,

Proposition legalizing unauthorized

acts of certain officers. 21

Proposition relative to exemptions
from taxation. 28

LOWE, Mr—

Resolution for a special committee. 11

Proposition against licenses. 46

LYON, Mr—

Resolution for committee on constitution.... 9

McClellan, Mr—

Proposition relative to exemptions.. 13

“ “ “ 18
“ “ to stock killed

by railroads.,. 29

MANASCO, Mr—

Resolution for committee on constitution 10
Resolution for re-establishing the exemp¬
tions in the Code of 1862. ; . 18

Resolution relative to exemptions. 30

220

martin, Mr.—

Proposition to amend article 13, section 1, 12

Substitute for article 13, section 3. 12

Substitute for article 13, section 4. 13

Amendment to artiole 13, section 16. 13

Proposition restricting the power to levy

* taxes. 13

Substitute for section 1, article 9. 13

Proposition relative to issue of bonds, Ac. 13

Substitute for section 21, article 4. 13

Proposition to submit “exemptions” sep¬
arately . 17

Proposition relative to impeachment. 19

MEADOWS, Mr.—

Proposition to dispense with superin¬
tendents . 25

MOREN, Mr.—

Resolution to change term of Governor.... 30

Motions— to amend—

By Mr. Aiken, 54, 83, 97, 101, 102, 116,
124, 126, 143,145, 153, 159.

By Mr. Battle, 61, 73, 90.

By Mr. Brewer, 113.

By Mr. Bliss, 116,126,130, 137, 141,149,
163, 155.

By Mr. Booth, 55, 90,101.

By Mr. Brown, 68.

By Mr. Burton, 123.

By Mr. Burns, 73, 78,83,99,106, 122, 128,
130,138, 141, 142,155, 159, 160.

By Mr. Cobb 70, 77, 83, 87, 97, 103,104,
112, 113, 115, 116, 117, 124, 125, 127,
131,146.

By Mr. Coleman, 49, 107.

By Mr. Davis, 82, 107, 129,152, 154.

By Mr. Flournoy, 75, 76 128,130.

By Mr. Foster, of Barbour, 22, 66, 124,
137, 141.

By Mr. Foster, of Hale, 61, 92,156.

By Mr. Gamble, 145.

By Mr. Garrett, 61,106, 119,121,162.

By Mr. Green, of Choctaw, 13.

By Mr. Gibson, 68.

By Mr. Gordon, 80, 150.

By Mr. Homes, 122.

221

Motions— to amend—

By Mr. Hargrove, 59, 82, 85, 87, 98, 104,
110, 115, 125, 126, 136,142,149,154,
156,159.

By Mr. Harrison, 49, 62, 66, 70, 74, 81,
103, 105, 110, 115, 119,137,150,156,
158.

By Mr. Heflin, 25, 124„ 130,145.

By Mr. Herndon, 42,48, 53,77, 79, 96, 118,
126, 128,130, 137,141,157.

By Mr. Inzer, 77,78,80,149,156,157,167.

By Mr. Jones, 139.

By Mr. Knox, 10, 13, 83, 92, 103, 120,
123, 146, 153.

By Mr. Laird, 13, 88, 140, 146, 151, 153.

By Mr. Langdon, 52, 65, 135, 137, 139,
157.

By Mr. Lea, of Dallas, 9,13, 68, 70, 77,
115, 130.

By Mr. Lewis, 54,122, 140.

By Mr. Little, 13, 16, 25, 71, 75, 84, 85,
86, 104, 130, 136, 142, 169.

By Mr. Livingston, 58, 73, 92, 97, 152,
154, 156.

By Mr! Lowe, 51, 83, 89, 91, 92,107.

By Mr. Lyon, 9, 88, 153,' 154.

By Mr. McClellan, 9, 42, 59, 63, 67, 106,
123,126,129, 136,138,148,162.

By Mr. Manasco, 13, 97.

By Mr. Martin, 42, 66, 90,102, 103, 138,
147.

By Mr. Meadows, 47, 83, 150, 155.

By Mr. Moren, 111,160.

By Mr. Mndd, 77, 78, 79, 115, 126, 140,
146.

By Mr. Murphree, 54, 71, 72, 90, 92,107,
127 137.

By Mr. NeSmith, 112, 121,157.

By Mr. Norwood, 89.

By Mr. O’Neal, 67, 81, 120,142, 156.

By Mr. Oates, 42, 43, 48, 49, 59, 62, 65,
66, 67, 70, 72, 73, 76, 78, 83, 86, 87, 96,
99, 102, 104, 106, 107, 109, 112, 113,
114, 115, 116, 117, 127,129,130,139,
142,158,160,161.

By Mr. Parks, 69, 71, 82,101,128,142.

m

Motions— to amend—

By Mr. Pickett, 112,114,128,169.

By Mr. Prinoe, 86, 111.

By Mr. Plowman, 49.

By Mr. Powell, of Bullock, 17, 99, 108,
109,120,128,126,136,146.

By Mr. Powell, of Tuscaloosa, 73, 74, 82,
88, 99,101,119,125,142,148, 160.

By Mr. Pugh, 63, 83, 117,146,149.

By Mr. Rails, 114, 145.

By Mr. Rather, 75, 76, 96, 149, 152.

By Mr. Rice, 22, 43, 55, 70, 73, 75, 77, 79,
83, 86, 87, 89, 102, 110, 111, 113,115,
116, 117, 124, 125, 127,135, 136,139,
140, 141, 143, 150, 152, 154,160, 165.
By Mr. Richards, 16, 62,102,130.

By Mr. Samford, 16, 42, 49, 59, 62, 65, 73,
77, 92,101,108, 111, 117,125,126,146,
139, 164.

By Mr. Swan, 112, 121.

By Mr. Sterrett, 120, 153.

By Mr. Stone, 40, 56,55, 107,112.

By Mr. Sykes, 10, 12, 23, 84, 109, 110,

111 .

By Mr. Torrey/161.

By Mr. White, 89, 99, 108, 166.

By Mr. Willett, 62,70, 107,139, 143,156.
By Mr. Woolf, 96, 101, 104, 117.

To lay on the table—

By Mr. Aiken, 158.

By Mr. Bliss, b8, 98,108.

“ “ Brown, 109,120,140,146, 154.

“ “ Cobb, 26, 97, 103,138, 140.

“ “ Coleman, 116,119, 126, 148.

** ** D a vi 8 ^9

“ Flournoy,* 43, 99,122,126,151.

“ “ Foster, of Barbour, 10,54, 63, 116,
123, 128,136,151.

“ “ Gamble, 187, 151.

“ “ Garrett, 11,83,86,99,115,116,167.
“ “ Gibson, 67, 78.

“ “ .Hargrove, 78, 111, 120, 121, 140,

153.165.

“ “ Harrison, 42.

“ “ Heflin, 104, 107, 116, 128, 154,

166.166.

228

Motions— to amend—

By Mr. Hudson, 146.

“ “ Inzer, 70, 76, 88, 102, 104, 106,
128, 138,146,147,148.

“ “ Jones, 80, 126.

“ “ Knox, 97,106.

“ “ Laird, 10.

“ “ Langdon, 16,101, 138.

“ “ Little, 59, 107,124,143, 146,167.
“ “ Lowe, 26, 45, 51, 61,107,110,167.

“ “ Lyon, 68, 88.

“ “ McClellan, 54,92,102,104,107,145.
“ “ Manasco, 123,137,146, 148.

“ “ Martin, 52, 66, 89, 115, 120,136,
137, 168.

“ “ Moren, 47, 111, 146,159.

“ “ Mudd, 77, 78, 149.

“ “ Murphree, 123. *

“ “ O’Neal, 9, 106,124,152, 153,155,
156.

“ “ Oates, 18, 87, 120, 121, 122, 123,
124,126, 127, 140,150,152,156.
“ “ Parks, 49, 75, 150.

“ “ Pickett, 52, 139,149,159.

“ “ Prince, 150.

“ “ Powell, of Tuscaloosa, 102,115,131.
“ “ Bather, 115, 119.

** “ Bice, 45,109,127, 161.

“ “ Bichards, 47, 50, 55, 69, 89, 90,
112, 119,128, 141.

“ “ Samford, 55,129,142, 156.

“ “ Smith, 154.

“ “ Scott, 156.

" “ Stone, 107, 120.

“ “ Sykes, 59, 92, 110, 111, 115.

“ “ White, 78, 149.

“ Willett, 118,139.

To reconsider—

By Mr. Battle, 118.

“ “ Burns, 119.

“ “ Cobb, 99.

“ “ Flournoy, 159.

“ “ Foster, of Barbour, 22,117.

“ “ Gamble, 147.

“ “ Garrett, 78, 116.

224

Motions— to reconsider —

“ 44 Hargrove, 139.

“ “ Herndon, 118, 147.

“ “ Little, 76, 167.

“ “ Mudd, 78, 137.

“ « n’T^Aai w

44 “ Oates, 99,’ 103, 117, 129, 161.

^ ^ JPftrts 110.

“ 44 Powell, of Tuscaloosa, 67.

44 44 Pugh, 152.

“ 44 Rather, 136.

44 44 Rice, 106.

44 44 Samford, 158.

“ 44 Stone, 12.

“ “ Sykes, 11.

44 “ White, 89.

“ “ Woolf, 117.

To print—

By Mr. Foster, of Barbour, 45.

“ “ Foster, of Hale, 15.

“ “ Garrett, 23, 46, 57.

44 44 Heflin, 25.

44 44 Lowe, 57.

44 44 Mudd, 46.

44 44 Pickett, 23.

To postpone indefinitely—

By Mr. Inzer, 160.

Previous question—

By Mr. Cobb, 103.

44 44 Foster, of Barbour, 53.

“ 44 Green, of Choctaw, 103.

44 44 Harrison, 47, 52.

44 44 Heflin, 156.

44 “ Inzer, 125.

44 44 Lowe, 167.

44 44 Lyon, 97, 119.

44 44 Moren, 88,108.

44 44 Powell, of Tuscaloosa, 22.

44 44 Pugh, 53.

44 14 Richards, 68, 151.

44 44 Willett, 154.

MUDD, Mr.—

Proposition as a schedule for the constitu-

46

225

MURPHREE, Mr.—

Resolution that no lottery shall be au¬
thorized . 14

Resolution relative to pay of members

of General Assembly. 24

Resolution fixing size of new counties. 26

Proposition to punish bribery. 34

NESMITH, Mr.—

Proposition relative to judicial circuits.. 13

NORWOOD, Mr.—

Resolution of instruction relative to ex¬
emptions ... 31

Petition from citizens of Jackson coun¬
ty . 28

Resolution relating to executive depart¬
ment . 29

Resolution to abolish the chancery

court system. 32

Resolution to abolish the county court
system. 32

NOWLIN, Mr.—

Resolution relative to exemptions. 100

O’BANNON, Mr.-

Resolution upon qualification of voters 26

Organization— temporary. 3

permanent.4, 7, 8

OATES, Mr.-

Resolution adopting rules.... ; . 7

Proposition relative to University and Agri¬
cultural College.. : .. 11

Proposition in relation to militia. “

“ “ elections . “

“ relating to exemptions... 13

“ “ to executive departm’t “

“ on legislative department. “

“ relative to judicial department 14
“ looking to relief of the State

from financial embarrassments. 23

Resolution to abolish county criminal courts 29
PARKS, Mr.-

Resolution relating to divorces . 1 a

Proposition relative to salary of Attorney
General. 28

15

226

PRINCE, Mr.—

Resolution not to change present exerfip-

tions... 14

Resolution to prohibit the State from liabil¬
ity for individuals or associations. 11

Resolution limiting county tax. 14

" to reduce judicial circuits, &c ... 18

Proposition, taxation to be equal and uni*

form. 26

Resolution relative to State census. 27

PLOWMAN, Mr.—

Proposition relative to power of the peo¬
ple to elect their officers . 34

POWELL, Mr. of Bullock-

Proposition in relation to edu¬
cation. 20

Resolution relative to exemp¬
tions. 28

Proposition relating to the duel¬
ling disqualification. 32

Resolution relative to salaries of

executive officers. 34

POWELL, Mr. of Tuscaloosa—

Resolution relative to oath to

Mr. Mudd..... 11

Proposition relative to exemp¬
tions . 20

Resolution relative to printing
a report. 143

PRESIDENT, Mr —

Communication relative to stenographic
report. 12

RALLS, Mr.—

Resolution relating to power of courts to

punish for contempt. 21

Resolution to not exclude from office for re¬

ligious opinions..... . ...

RATHER, Mr.-

Resolution for separate ratification...
Proposition on suffrage and elections
Reports— Standing Committees—

By Mr. Battle. 23.

By Mr. Cobb, 45,118.
By Mr. Harrison, 46.
By Mr. Herndon, 46.

21

26

26

227

Reports— Standing Committees—

By Mr. Inzer, 105.

By Mr. Knox, 23.

By Mr, Langdon, 64.

By'Mr. Livingston, 57.

By Mr. Lowe, 45.

By Mr. Lyon, 57.

By Mr. Moore, 55.

By Mr. Mudd, 25, 57, 93.

By Mr. McClellan, 57.

By Mr. NeSmith, 93.

By Mr. O’Neal, 57, 58.

By Mr. Oates, 44,57,140,141,167.
By Mr. Pugh, 161,163, 167.

By Mr. Stone, 23.

By Mr. Sykes, 35.

By Mr. Torrey, 45.

By Mr. Woolf, 45.

Select Committees—

By Mr. Garrett, 23.

By Mr. Sykes, 21.

Resolutions—

By Mr. Aiken, 28, 31.

“ “ Akers, 34.

“ “ Bolling, 34.

“ Booth, 33.

“ Burns, 34.

“ “ Burton, 31.

“ “ Calloway, 16.

“ •* Cobb, 58.

“ “ Davis, 12, 30.

“ “ Foster of Barbour, 7,11,14,18,19, 20,

22 .

Bv Mr. Flournoy, 19.

“ Garrett, 10, 22, 165.

“ “ Greene of Choctaw, 13.

“ “ Gibson, 33.

“ “ Gordon, 27.

“ “ Hames, 30.

“ “ Hargrove, 11, 24, 30.

“ “ Harrison, 14, 26, 34, 60.

“ Heflin, 12.

“ “ Inzer, 18.

« “ Jones, 18, 29.

228

Resolutions—

“ “ Kelley, 18.

“ “ Knox, 32, 46.

“ “ Laird, 12, 26.

“ “ Langdon, 8.

“ “ Lea of Baldwin, 33, 34.

“ “ Little, 12.

“ “ Lowe, 11.

“ “ Lyon, 9.

“ “ Manasco, 10,18, 30.

“ “ Moren, 30.

“ “ Murphree, 14.

“ “ Norwood, 13, 14, 29, 32.

“ “ O’Bannon, 26.

“ “ Oates, 7, 23, 29.

“ “ Parks, 12.

“ “ Prince, 14, 18, 27.

“ “ Powell of Bullock, 28, 34.

“ “ Powell of Tuscaloosa, 11, 113.

“ “ Ralls, 21..

“ “ Rather, 26.

“ “ Rice, 30.

“ “ Richards, 12.

“ “ Robinson, 28.

“ “ Samford, 11, 16.

“ “ Swan, 18.

“ “ Scott, 10.

“ “ Stone, 31, 166.

“ “ Sykes, 20, 27.

“ “ White 7.

RICE, Mr.—

Petition of J. S. Simpson of Lawrence . 11

Resolution relative to right of qualified voters.. 30

RICHARDS, Mr.—

Resolution relative to limiting State tax. 12

Proposition to exempt maimed Confeder¬

ate soldiers from poll tax . 100

ROBINSON, Mr.—

Resolution (with petition) to abolish the

board of education, <fcc. 28

SAMFORD, Mr.—

Resolution inhibiting, temporarily, the in¬
troduction of articles of certain char¬
acter. 11

An article on taxation. 12

229

SAMFOED, Mr.—

Resolution to adhere to the enabling act 16

Proposition relating to exemptions. 23

“ prohibiting discrimination in

charges for transportation. 26

Proposition prohibiting “free passes” to

certain public officers... 26

Proposition for biennial sessions. 29

“ Executive of State to call on

United States for military aid. 32

SWAN, Mr.—

Resolution relative to social status of citizens 18

Proposition for biennial sessions. 25

“ transferring duties of superin¬
tendents.'. 46

SCOTT, Mi.—

STONE, Mr.—

Proposition relative to State aid. 14

“ “ to oath of senators and

representatives. 14

Resolution relating to the counties of the State 31
*• of thanks to the officers. 166

SYKES, Mr. -

Proposition relative to intermarriage of the

races. . ...... 19

Resolution for change of day of State election 20
“ to submit “exemptions” separately 2?

WHITE, Mr.—

Resolution relative to seats. 7

Proposition relative to education... 24

“ “ to exemptions. 44

WILLETT, Mr.—

Proposition to be incorporated in bill of

rights. 20

Proposition fixing number of senators.... 20

“ , limiting the powers of General

Assembly..... . 20

Proposition for biennial sessions. 20

POST-OFFICE ADDRESS OF DELEGATES.

L. P.Walker, Pres’t, Huntsville.!H. C. Lea, Mobile.

James Aiken, Gadsden. jSumter Lea, Selma.

M. T. Akers, Pikeville. |G. S. W. Lewis, Marion.

S. C. Allgood, Blountbville. W. G. J. Little, Livingston.

C. A. Battle, Tiiskegee. H. J. Livingston, Prattville.

Jonathan Bliss, Gainesville. R. A. Long, Bladou Springs.

S. J. Bolling, Greenville. W. M. Lowe, Huntsville.

D. B. Booth, Prattville. F. S. Lyon, Demopolis.

L. Brewer, Mobile. John Manasco, Holly Grove.

J. E. Brown, Scottsboro. A. Martin. Birmingham.

W. C. Bulger, Wetumpka. R. A. McClellan, Tuscumbia.
Wm. Burgess, Pleasant Site. J. A. Meadows, Dadeville.

J. F. Burns, Burnsville. E. H. Moren, Centreville.

T. J. Burton, Edwardsville. W. S. Mudd, Elyton.

P. M. Callaway, Newton. J. D. Murphree, Troy.

H. A. Carson, Hayneville. W. A. Musgrove, Mont Calm.
R. W. Cobb, Helena. T. B. NeSmith, Pikeville.

Wiley Coleman, Eutaw. F. A. Nisbett, Oswiehee.

A. H. Curtis, Marion. J. H. Norwood, Bellefoute.

M. L. Davis, Detroit. Dan. Nowleu, Nicholson’s Gap.

G. W. Delbridge, Union Sp’gs. W. C. Oates, Abbeville.

J. S. Dickinson, Newt’wn Acad. W. J. O’Bannon, Brewton.

J. E. P. Flournoy, Elba. E. A. O’Neal, Florence.
Samuel Forwood, Gosport. I. H. Parks, Rntledge.

John A. Foster, Clayton. R. A. Pickett, Florence.

J. T. Foster, Greensboro. A. W. Plowman, Talladega.
John Gamble, Greenville. R. H. Powell, Union Springs.

Wm. Garrett, Socapatoy. E. A. Powell, Tuscaloosa.

Charles Gibson, Moulton. 8 T. Prince, Mt. Sterling.

M. Gilbreath, Guntersville. jJ. L. Pugh, Eufaula.

A. C. Gordon, Abbeville. J. P. Rails, Gadsden.

Wm. Green, Isney. J. D. Rather, Tuscumbia.

John Green, Burnt Corn. S. F. Rice, Montgomery.

A. H. Gullett, Camden. E. G. Richards, LaFayette.

W. M. Hames, Jacksonville. J. G. Robinson, Brooklyn.

231

A. C. Hargrove, Tuscaloosa.
Geo. P. J. Harrison, Auburn.
John T. Heflin, Talladega.

T. H. Herndon, Mobile.

John B. Hudson, Leon.

A. J. Ingle, Lavissa.

J. W. Inzer, Ashville.

B. Johnston, Greensboro.
B.F. Johnston, Tuskegee.

J. W. Jones, Decatur.

J. B. Kelly, Kellyton.

R. H. Knox, Montgomery.

0. C. Langdon, Mobile.

H. W. Laird, Geneva.

W. J. Samford, Opelika.

S. S. Scott, Uchee.

W. A. Smith, Callierville.

A. A. Sterrett, Columbiana.
L. M. Stone, Carrolton.

J. N. Swan, Spring Garden.
F. W. Sykes, Town Creek.

C. B. Taylor, Roanoke.

R. C. Torrey, Claiborne.

B. F. Weathers, Roanoke.

J. H. White, Ashland.

E. D. Willett, Carrolton.

H. A. Woolf, Linden.

B. H. Screws, Secretary, Montgomery.

T. H. Watts, Jr., Ass’t Sec., “